II K 170/18
AI generated
Court convicted defendant of fraud for online payment without delivery, sentencing to six months imprisonment.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of fraud and sentenced him to six months imprisonment for failing to deliver goods after receiving online payments. The prosecution argued the defendant acted with direct intent to defraud by taking money and severing contact, while the defense claimed the company was being used as a shell. The court found the evidence sufficient to prove the defendant's premeditated scheme to obtain property without providing the agreed-upon items.
Legislator headnote
AI generatedArt. 286 § 1 k.k.; Art. 12 k.k.: The court established that offering goods for sale online, accepting payment, and then deliberately failing to deliver them constitutes fraud when done with the intent to obtain property.
Keywords
AI generated
fraudulent online sales
direct intent to defraud
failure to deliver goods
online auction fraud
criminal conviction
imprisonment sentence
property damage
Cited Legislation
AI generatedArt. 286 § 1 k.k.
Art. 12 k.k.
Art. 46 § 1 k.k.
Art. 618 § 11 k.p.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
Related Decisions
AI generatedIV Ka 460/13
Court upheld fraud conviction for forged signatures and continuous acts causing financial loss to victims.
II K 1291/22
Court convicted defendant of fraud for failing to deliver goods after receiving payment, imposing 8 months imprisonment.
VII K 1080/17
Court convicts defendant of fraud and recidivism, correcting a clerical error in the statutory citation.
II Ka 891/25
Appeal dismissed; conviction upheld; costs adjusted for three defendants under Polish Criminal Procedure Code.
IV K 310/11
Court convicted defendant of fraud under Polish Criminal Code and suspended sentence with probation.