Court convicted defendant of fraud for selling worn tires, ordering 400 PLN fine and procedural costs.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of fraud under Article 134 of the Criminal Code and imposed a 400 PLN fine along with procedural costs. The defendant sold used tires online, claiming they were in good condition, but the buyer discovered they were completely flat after attempting installation. The court determined that the buyer's loss included both the return shipping costs and the delivery fees, totaling 100 PLN, which met the threshold for criminal liability. Consequently, the court held the defendant guilty and ordered the payment of fines and court expenses.
Legislator headnote
AI generatedArt. 134 § 1 k.w.; Art. 118 § 1 k.p.w.; Art. 119 k.p.w.; The court established that fraud requires a loss or risk of loss not exceeding 100 PLN, which includes both actual damage and lost profits, and that the defendant's intent is proven by deceptive descriptions and the refusal to return defective goods.