Question juridique clé
Whether the hotel-financing conduct constituted fraud under Art. 146 StGB
Solution extraite
No; the court held the required arglist was lacking because the victims could and should have checked the implausible financing proposal.
Motifs extraits
The promised EUR 40 million loan against a EUR 500,000 upfront fee was a plainly unrealistic construct. The business partners were experienced and had ample warning signs, yet failed to make basic inquiries.