Computer fraud: adequacy of factual findings on distinct modes of execution under § 263a StGB and crediting of foreign extradition detention

The Federal Court of Justice dismissed the defendant’s appeal as unfounded, upholding the lower court’s conviction, while amending the judgment formula to require that time served in extradition detention in Austria be credited one-to-one against the sentence and ordering the defendant to bear the costs of the appeal. The case involved a review of a verdict concerning twelve counts of computer fraud, where the appellate court clarified that the trial court’s use of varying verbs to describe the execution of unauthorized fund transfers did not constitute a substantive distinction in modes of conduct. The decision rests on the interpretation of § 263a Abs. 1 StGB (Computer Fraud), confirming that the essential statutory elements for computer fraud were sufficiently established in all twelve instances despite the linguistic variations in the original judgment.