10 Jan Crime Of Abuse Of Trust
T.C SUPREME COURT
15.Criminal Division
Main: 2016/ 199
Decision: 2018 / 530
Decision Date: 18.01.2018
Case: Defendant …’s service because of the judgment of conviction of the defendant for the crime of breach of trust and falsifying official documents by the attorney and legal defender about participating defendant for the purpose of debt collection fraud conviction given the exclusion of the provisions with decisions about disclosure of accused …’s acquittal on charges of forgery by the participating attorney for an appeal in terms is not resolved by examining the file:
A decision has been made to reject the appeal by the relevant authority regarding the decisions to withdraw the disclosure of the provision made against the defendant … and it is understood that the appeal against this decision has not been appealed in any way to the law, in a review limited to the provisions established against the defendant … ;
The defendant, who claims that the participant paid a portion of the bills while the father of the participant paid the computer debt to the one named, but on the date of the incident … he took one of these bills and changed the bill price to TL 6,110, then gave this bill to the defendant, who is a lawyer, but did not give any power of attorney to sue, later the accused …’s other defendants …’s knowledge and consent is acting as the subject of a crime without participating in enforcement proceedings initiated against …click Add payee in a year, subjected to execution proceedings, enforcement proceedings and abolish the bureau from paying the attendee from joining 3.500 GBP in case of the money that’s on offer, in addition to sister-in located in the case where the accused …’, a paid defendant of the attendee’s last name …’edit dated 06/01/2010 about whether you have a debt and equity to participate in the issue of crime acquaintance gave, however, in a concrete case in which it is alleged that he kept the 3,500 TL money he collected, the defendant falsified it, so the deed subject to the crime, which is fake, is not actually a creditor …by showing it as a creditor, initiating enforcement proceedings against the participant, and taking the money he collected from the participant, the action of TCK 204/1. forgery in the official document organized in Article 158/1-d of the TCK. acquittal for forgery in an official document without regard to the fact that it constitutes fraud crimes by using a public institution organized in the article, and conviction for abuse of trust due to service by making an error in the quality of the crime,
According to the admission, although the prison sentence was determined from the lower limit,the judicial fine was determined without sufficient and legal justification, on the same grounds, the full number of days was determined by moving away from the minimum limit, and the additional penalty was determined, contrary to the law, the defense of the accused and the appeals of the participating deputy were considered in place in this respect, so the provisions of law 5320 8/1.article 321 of Cmuk No. 1412, which must be applied in accordance with article. its dissolution was unanimously decided on 18.01.2018.
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