12 Dec Qualified Fraud
11. Sentencing Department 2007/6709, 2007/6012 Decision.
At the end of the trial of Cesur, accused of forgery and qualified fraud in official documents: Bakırköy 1 on his conviction. 13.02.2007 day and 2006/221 basis, 2007/51 decision issued by the court of Cassation within the period of the provision was requested by the defendant and his defense, since the case document was sent to the department with a communique dated 03.07.2007, which asked for approval and violation by correcting the Prosecutor General’s office, was examined and considered necessary:
An indictment against the defendant and a public case filed on behalf of Şükrü for “using a fake driver’s license” were deemed possible to be decided within the statute of limitations, TC 5237. nun 53. since there was no hit in the application related to the article, the thought in this direction contained in the communique was not included.
1-in the appeal of the defendant and his defense against the sentence established for “forgery of official documents”; the collected evidence is examined at the site of the decision, the defendant’s crime is considered subutu, appointed in accordance with the formation and results of the investigation, the nature of the reason for reducing the sentence is appreciated, since there is no hit in the sentence given according to the file under review, the defendant and his defense have no criminal intent, 5237 TCK 28 and 38. affirmation of the provision on water crime with the rejection of Appeals that are not considered in place and that the articles should be applied,
2-as for the appeal of the verdict on fraud offences,
(A)a trick that may deceive, which is an element of the crime of fraud, must be directed at the real person and that person must be made a mistake and provide an unfair benefit to him or someone else, to the detriment of 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 that he opened with fake IDs via the internet, and again wanting to withdraw these coins with fake IDs; the money to the defendant are attached to a real person is not cheating as there until directed to open accounts of action within the computing system is performed completely, because committed against each victim separately 5237 TCK’ s matching that constitute the crime of Article 244/4, and the money must be made without considering fault with when the transfer of open accounts, are deducted vasiflandirilm mistaken in the crime, and a felony conviction of attempted fraud provision of the qualified establishment,
B) By Application;
A judicial fine issued in accordance with TCK 5237 is determined by multiplying the amount valued in exchange for one day with the number of full days to be determined, and not by doubling the unfair interest provided,
Contrary to the law, since the appeals of the defendant and his defense are therefore in place, the provision is 8/1 of Law No. 5320. article 321 of Cmuk No. 1412, which must be applied in accordance with article. in accordance with the article, it was unanimously decided on 27.09.2007 that he should be violated as a request, that he should reserve the right to receive punishment.
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