Legislator Case Law & Legislation
II K 732/24 AI generated

Court convicted defendant of minor fraud for online non-delivery, sentencing to three months imprisonment and fine.

Case Number II K 732/24
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Nys convicted the defendant of fraud under Article 286 of the Criminal Code, finding the act constituted a minor offense. The court determined that the defendant, acting with direct intent, failed to deliver a kitchen bowl after receiving payment, causing a loss of 100 PLN. Although the defendant pleaded guilty and received a suspended sentence, her prior record of multiple fraud convictions weighed against her, resulting in a three-month prison term and a fine.

Legislator headnote

AI generated

Art. 286 § 1, 3 k.k.; Art. 33 § 2 k.k.; Art. 46 § 1 k.k.; Art. 624 § 1 k.p.k.: The court established that the intentional failure to deliver goods after receiving payment constitutes fraud, and while a minor offense may be punished with imprisonment, prior criminal records and the need for general prevention justify a custodial sentence alongside a fine and restitution.

Keywords

AI generated
fraud online non-delivery goods minor offense prior convictions restitution order suspended sentence court costs waiver

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 286 § 3 k.k.
Art. 33 § 2 k.k.
Art. 46 § 1 k.k.
Art. 624 § 1 k.p.k.
art. 286 § 1 k.k
art. 286 § 3 k.k
art. 33 § 2 k.k
art. 46 § 1 k.k
art. 624 § 1 k.p.k
AI generated

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