Legislator Case Law & Legislation
VII K 417/15 AI generated

Court convicts defendant of fraud for breach of contract and orders restitution and fines.

Case Number VII K 417/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of fraud under Article 286 of the Criminal Code for failing to fulfill a contract after collecting an advance payment. The prosecution argued that the defendant acted with intent to gain financial advantage by deceiving the victim regarding his intention to complete the work. The court accepted the evidence, finding no reasonable doubt, and imposed a sentence of eight months of restricted freedom along with an order to repay the victim and cover state costs.

Legislator headnote

AI generated

Art. 286 § 3 k.k.; Art. 500 § 1, 3 k.p.k.: The court established that a breach of contract involving an advance payment, where the defendant concealed the intent not to perform, constitutes fraud requiring criminal conviction and restitution.

Keywords

AI generated
fraud under contract advance payment deception criminal conviction restitution of funds restricted freedom sentence state court costs breach of contract

Cited Legislation

AI generated
Art. 286 § 3 k.k.
Art. 500 § 1, 3 k.p.k.
Art. 415 § 5 k.p.k.
Art. 627 k.p.k.

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