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II K 406/19 AI generated

Court convicted defendant of fraud via fake online shoe sale, sentencing to eight months of restricted liberty.

Case Number II K 406/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court convicted the defendant of fraud under Article 286 of the Criminal Code for creating a fake online sale of children's shoes to defraud a victim of 44 PLN. The defendant admitted guilt, explained her family difficulties as the motive, and compensated the victim, but the court noted her prior criminal record. Consequently, the court imposed a sentence of eight months of restricted liberty with mandatory unpaid community service.

Legislator headnote

AI generated

Art. 286 § 3 k.k.; Art. 34 § 1, § 1a pkt 1 k.k.; Art. 35 § 1 k.k.: The court established that knowingly creating a false offer to induce a victim to transfer property constitutes fraud, even if the goods do not exist, and that prior convictions and lack of mitigating circumstances justify a custodial sentence despite compensation.

Keywords

AI generated
fraud by false offer Criminal Code Article 286 unpaid community service prior criminal record minor weight offense property fraud victim compensation

Cited Legislation

AI generated
Art. 286 § 3 k.k.
Art. 34 § 1 k.k.
Art. 34 § 1a pkt 1 k.k.
Art. 35 § 1 k.k.
Art. 624 § 1 k.p.k.
AI generated
II K 401/23
Court sentenced defendant to six months imprisonment and restitution for fraudulently selling a stroller without delivery.
VI Ka 516/13
Court partially allowed prosecutor's appeal to remove arbitrary payment deadline from criminal restitution order.
III KK 133/24
Supreme Court quashes sentence for child sexual exploitation due to mandatory prohibition of unlimited contact with minors.
VI Ka 138/14
Court partially allowed prosecutor's appeal by adding attempted theft aggravating circumstance to sentence.
IV K 353/18
Court sentenced defendant to four years imprisonment for multiple fraud offenses and ordered restitution to victims.

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