Legislator Case Law & Legislation
III K 390/17 AI generated

Court convicts defendant of fraud for hiding lower contract price and orders restitution.

Case Number III K 390/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted defendant J. Z. of fraud under Article 286 of the Criminal Code while acquitting co-defendant R. K. The prosecution alleged that J. Z. defrauded a fruit transporter by concealing a pre-existing contract with a lower price to secure higher payments. The court found J. Z. guilty of acting in collusion to mislead the victim regarding the true cost of services, whereas R. K. was found not guilty. Consequently, J. Z. received a suspended sentence and was ordered to pay restitution to the victim.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 4 § 1 k.k.: The court established that concealing a pre-existing contract with a lower price to secure higher payments from a third party constitutes fraud when the perpetrator acts in collusion to mislead the victim regarding the true cost of services.

Keywords

AI generated
fraudulent concealment contract price discrepancy collusive fraud restitution order joint criminal act Criminal Code Art 286 suspended sentence

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 4 § 1 k.k.
Art. 91 § 1 k.k.
Art. 37a k.k.
Art. 46 § 1 k.k.
Art. 618 § 1 pkt 11 k.p.k.
Art. 624 § 1 k.p.k.
632 pkt 2 k.p.k.
art. 286 § 1 k.k
art. 4 § 1 k.k

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