Key legal question
Whether the conduct fulfilled abuse of trust under Art. 138 ch. 1 al. 2 CP
Extracted holding
Yes. He used entrusted funds contrary to the specific instructions and kept part of the advance for himself; no valid right of compensation was shown.
Extracted reasoning
The advance was entrusted for specified camp expenses with strict accounting rules. The unused balance was retained and used to pay alleged claims that were neither established nor due when the money was taken. The conditions for compensation were not met, and the intent to enrich unlawfully was established.