T.C THE DECISION OF THE SUPREME COURT

15.Criminal Department

Base: 2016/ 3044

Decision: 2018 / 7677

Date of Decision: 06.11.2018

COURT : Criminal Court of Cassation

CRIME : Qualified fraud

PROVISION : Conviction in accordance with Articles 158/1-e-son, 43, 62, 52 and 53 of the TCC

The verdict on the conviction of the accused for qualified fraud was appealed by the defendant’s defense counsel and the deputy prosecutor, and the file was examined and considered as necessary,

The defendant himself, who receives a pension from the participating institution and living with mother-in-law, in order to attract a salary of nazife 21/12/1992 in history, notary public, power of attorney received nazife died in the month of October of 1993, although the population of the Directorate of death due to the failure to notify the relevant authorities and other pension that were deposited in the bank account of the defendant of the crime until the date of this death by not reporting the incident, the total 75.911,57 TL pension pulled fraudulent acts that provide unfair advantage of in this manner, the defendant, the defendant’s confession, containing a defence witness statements, as it is understood from the scope of the fathi kabir minutes, the report of the Forensic Medicine Institution and the entire file, there was no inaccuracy in the conviction verdict given for qualified fraud against the defendant.

According to the trial conducted, the evidence collected and shown at the place of decision, the court’s opinion and discretion formed in accordance with the results of the prosecution, the scope of the file being reviewed; rejection of other appeals of the defendant’s defense and his participating attorney, but;

article 158 of the Turkish Commercial Code No. 5237. article 1. paragraph (e), (f) (I) and (k) in the case of criminal penalties listed in paragraphs to be found in the determination of basic, on the day of the crime obtained from unfair interests and increasing the amount of not less than twice the minimum number of days to be determined by increase and diminution is made through the same result for a day that will arise after the number of days with Article 52 of the law. in accordance with the article, determination of incomplete judicial fine against the defendant, without taking into account that the final judicial fine should be determined as a result of multiplying the amount to be assessed between 20-10 dec TL,

Therefore, since the appeals of the defendant’s defense counsel and the participating deputy were considered in place as of this date, the provision was made in accordance with Article 8 of Law No. 5320.according to Article 321 of CMUK No. 1412, which is currently being implemented. in accordance with Article 322 of the same law on this matter, which may be OVERTURNED, but does not require a retrial. according to the article is able to be corrected, because the provision from paragraph relating to criminal fines, respectively, “the 5,000 Days”, “day 7,500”, “6.250 day” and “125.000 TL” instead of completely removing the terms, respectively, “7.591 Day”, “Day 11.386”, “9.488 day” and “189.760 TL” by the addition of the phrase, the poet of the aspects of the procedures and corrected by the provision APPROVED in accordance with the law, it was decided unanimously on 06/11/2018.