Key legal question
Whether the sham incorporations constituted fraudulent obtaining of false certification under Art. 253 StGB.
Extracted holding
Yes. The public deed and commercial register entry were untrue because the capital was only pretended and was not economically at the company’s free disposal.
Extracted reasoning
Public certification covers not only the statements made but also their truth. The notary and commercial register officer were deceived about the intended and actual use of the paid-in capital, so the incorporation documents falsely certified full liberation and free availability.