Legislator Case Law & Legislation
II K 128/22 AI generated

Court convicted defendant of fraud for failing to deliver goods and ordered restitution and limited liberty sentence.

Case Number II K 128/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of fraud for selling a camera without delivering the item and refusing to refund the buyer. The prosecution argued the defendant acted to gain financial advantage by deceiving the victim regarding identity and intent. The court found the evidence sufficient, balancing the defendant's youth and family responsibilities against his prior criminal record to impose a limited liberty sentence and restitution.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 64 § 1 k.k.; Art. 37a § 1 k.k.; Art. 46 § 1 k.k.; Art. 624 § 1 k.p.k.: The court established that obtaining property through deception constitutes fraud, requiring restitution of losses and appropriate criminal punishment based on the totality of circumstances including recidivism and mitigating factors.

Keywords

AI generated
fraudulent transaction failure to deliver goods limited liberty sentence criminal restitution indirect recidivism court-appointed defense exemption from court costs

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 64 § 1 k.k.
Art. 37a § 1 k.k.
Art. 46 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 387 k.p.k
art. 424 § 3 k.p.k
art. 13 § 1 k.k
art. 286 § 1 k.k
art. 294 § 1 k.k

Cited Case Law

AI generated
AI generated

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