Kernrechtsfrage
Whether the defendant committed fraud under Art. 146 CP against B.
Extrahierter Entscheid
Yes. He deceived the victim by false identity, false statements, and exploiting her emotional dependence, thereby causing direct patrimonial loss.
Extrahierte Begründung
The court held that deception may be by commission; the defendant made false claims about identity, work, finances, and intent to pay. His manipulation of the victim’s emotions created astuce, because her trust and dependence made verification unreasonable. The victim’s orders and phone contracts were directly induced by the error and caused patrimonial damage.