Reversal of appeal for ineffective attempted fraud hinging on the legal enforceability of a repayment claim

The German Federal Court of Justice (BGH) 5th Criminal Senate dismissed the appeals filed by the defendants as unfounded, upholding the final judgment of the Berlin Regional Court and ordering each appellant to bear the costs of their legal remedy. The case involved a criminal prosecution where the defendants challenged the lower court's findings regarding their liability for attempted offenses, specifically questioning the legal enforceability of a repayment claim that was central to the factual background of the alleged fraud. The Senate held that no legal errors to the defendants' detriment were present, clarifying that once the lower court correctly established the absence of a legally enforceable repayment claim, the actual state of law was immaterial for establishing criminal liability for (ineffective) attempted fraud, a principle reaffirmed by previous BGH jurisprudence.