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Federal court upholds judgment against thieving health food store seller

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The Lausanne judges confirmed the partial prison sentence of 30 months and were thus of the same opinion as the lower courts, the district court of Winterthur and the Zurich higher court.

The seller has to serve six of the 30 months, the remaining two years are conditional. She was in custody two months after her arrest, so she has four months to go.

For years the woman who was responsible for the bistro reached into the till of the organic shop. She either did not enter the amounts at all or canceled postings with the delete key. She then put the money in her own pocket.

At some point, the management became suspicious because the income was always significantly higher when it was canceled due to vacation or illness. A judicially approved video camera, which was aimed at the checkout area, finally provided evidence that the saleswoman was serving herself on a large scale.

According to the Federal Supreme Court, the amount involved was 80,000 francs. However, the public prosecutor’s office assumed an amount of up to 250,000 francs, i.e. between 40 and 200 francs per day, over a period of eight years.

For the District Court of Winterthur, however, only the thefts were proven up to 2014, which is why the woman was only convicted of the theft of 80,000 francs. Because the public prosecutor was satisfied with this and did not move the case any further, the judgment could not be tightened.

When she went to the federal court, the seller demanded a milder verdict, specifically that she did not have to go to jail. She needs her teenage daughter. Even the time in pre-trial detention was bad for the daughter.

However, the Federal Supreme Court came to the conclusion that the sentencing was legal and rejected the complaint. Now the woman also has to pay 3000 francs in court costs.

(sda)

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