Key legal question
Whether the lower court correctly denied arglist and deception for the alleged loans of EUR 3,000 and EUR 7,000.
Extracted holding
The denial of arglist could not stand; the lower court failed to account for the repeated and intensive deception and the complainant's emotional involvement.
Extracted reasoning
In a context of multiple false statements, fabricated emergencies, and successful suppression of doubts, only minimal victim negligence could defeat arglist. The lower court's focus on possible document checks and a missing written repayment promise was insufficient.