12 Mar AGGRAVATED FRAUD
11.Criminal Dep. Base number: 2007/6709, Decision number: 2007/6012.
At the end of the trial of Cesur, accused of forgery and qualified fraud in official documents: BAKIRKÖY 1 on his conviction. 13.02.2007 day and 2006/221 Basis issued by the Heavy Criminal Court, as the defendant and the defense were asked to examine the Supreme Court within the period of Decision 2007/51, the case document was corrected and sent to the apartment with the notification of the Prosecutor General’s Office dated 03.07.2007 requesting approval and violation, examined and discussed as necessary:
It was deemed possible to make a decision within the time limit regarding the public lawsuit filed against the accused for “using a fake driver’s license” issued on behalf of Şükrü with an indictment, TCK No. 5237. nun 53. since there is no inaccuracy in the application of the article, the opinion contained in the communiqué in this direction has not been participated in.
1-The defendant and his defense counsel appealed against the conviction for “forgery of official documents”; The collected evidence was examined at the place of the verdict, the defendant’s guilt was accepted, the nature of the reason for reducing the punishment was assessed in accordance with the results of the investigation, the nature of the punishment was assessed, since there was no hit in the verdict given according to the file under review, the defendant and his defense did not have a criminal caste, 28 and 38 of the TCC No. 5237. approval of the provision on the crime of water by rejecting appeals that are not considered to be appropriate and that the articles should be applied,
2-As for the appeal of the provision on fraud offences,
A) A trick that can deceive, which is an element of a fraud crime, should be directed to a real person and this person should be faulted and provided with an unfair benefit to him or someone else to the detriment of him or someone else, the actual perpetrator or someone else,
In a concrete case, the defendant’s actions consist of sending the existing data (information) in the money accounts of the victims in the banks to the accounts opened with fake identities via the Internet, and again wanting to withdraw these coins with fake identities; open accounts are attached to the money to the defendant cheating as there is not directed to a real person until the action is performed within the computing system completely, because committed against each victim separately TCK 5237’ s article that constitute the crime of matching 244/4, and open accounts must be made without considering fault with the transfer of the money when the crime was mistaken in vasiflandirilm are deducted, and the provision of qualified fraud attempted establishment of a felony conviction,
B)According to the application as well;
instead of determining the judicial fine issued in accordance with TCK No. 5237 by multiplying the exact number of days to be determined and the amount to be assessed as the equivalent of one day, the unfair benefit provided is double,
Contrary to the law, since the appeals of the defendant and his defense are therefore in place, the provision is in accordance with Section 8/1 of Law 5320. article 321 of CMUK No. 1412, which must be implemented in accordance with Article. according to the article, it was unanimously decided on 27.09.2007 that he would be violated as requested, and that his right to be acquired as a punishment would be reserved.
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