06 Jun Is Falsifying Documents In Embezzlement Acts An Element Of Embezzlement
SUMMARY. In the history of crime, Yapı KREDI Bank A.P. IN THE EVENT THAT THE DEFENDANT, WHO IS EMPLOYED AS A COMMERCIAL CREDIT DIRECTOR IN ITS BRANCH AND HAS THE RESPONSIBILITY OF SUPERVISION AND PROTECTION OVER THE MONEY DEPOSITED TO HIM, OPENS A CREDIT ACCOUNT ON BEHALF OF THE COMPANIES WITH CREDIT CUSTOMERS OF THE BANK WITHOUT THE KNOWLEDGE, REQUEST AND INSTRUCTION OF THE COMPANY AUTHORITIES, ISSUES A FORGED DEED AS GUARANTEE OF THE CREDIT ACCOUNT OPENED ON BEHALF OF ONE OF THESE COMPANIES, ; 160/2 OF THE BANKING LAW NO. 5411. THE ACCUSED’S ACTIONS CONSTITUTE A CRIMINAL OFFENCE OF QUALIFIED EMBEZZLEMENT, AS THE OFFENCE IS COMMITTED WITH FRAUDULENT, DECEPTIVE CONDUCT AIMED AT ENSURING THAT EMBEZZLEMENT IS NOT EXPOSED IN ACCORDANCE WITH THE PROVISION IN THE ARTICLE.
SINCE THERE IS NO REGULATION IN THE BANKING LAW NO. 5411 ON THE CHARGE OF EMBEZZLEMENT AS WELL AS THE CHARGE OF FORGERY, IT SHOULD BE OBSERVED THAT THE ACTS OF ARRANGING FALSE DOCUMENTS SHOULD BE CONSIDERED AS AN ELEMENT OF EMBEZZLEMENT WHILE THE ACCUSED IS PERFORMING HIS EMBEZZLEMENT ACTIONS, AND THAT NO CONVICTION CAN BE GIVEN FOR FORGERY.
The defendants are Bekir and Ahmet K. as for the review of the appeal by the defendants ‘ defenders of the conviction of the accused for embezzlement and forgery offences;
According to the type and amount of the sentence sentenced, the defendant Bekir defender’s request for a trial review is decided to reject the examination made by deciding;
A) in the criminal history of the accused Bekir Yapı Kredi Bank A.P. He is employed as commercial credit director in K … Branch and has the responsibility to control and protect the money deposited with him/her friend, the defendant Ahmet K.A … M … Textile Ltd. Ltd. Construction A.P., G … O … Ltd. Ltd., B … Automotive Ltd. Ltd. G… Çelik Ltd., which opened a credit account on behalf of the company without the knowledge, request and instruction of the company authorities. Ltd. the defendant embezzled a total of TL 1,510.000 of the bank by issuing false payment instructions; 160/2 of the Banking Law No. 5411, in which he issued false promissory notes as the guarantee of the credit account opened in his name. in accordance with the provision in the article, the crime is committed with fraudulent, deceptive conduct aimed at ensuring that the embezzlement is not exposed, and the accused are charged with simple embezzlement without considering that the said acts constitute a qualified embezzlement offence.,
B) in case there is no regulation in the Banking Law No. 5411 on the charge of embezzlement as well as the charge of forgery, the conviction of both defendants on the charge of forgery should be decided in writing, without taking into account that the acts of embezzlement while performing the embezzlement acts should be considered as an element of embezzlement,
8/1 of Law No. 5320 on defendants who do not have an appeal against the provision (impairment), as the appeals of Defendants ‘ Defendants are thus deemed to be in place. in accordance with the Article 326/last article of Cmuk No. 1412, it was decided unanimously on 06.07.2011 to keep the right acquired in the punishment and to continue the detention of the defendants by taking into account the nature and nature of the crime.
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