T.C.
SUPREME
23. CRIMINAL DIVISION
Base No: 2015/7781
Decision No: 2016/5875
DECISION UNDER REVIEW;
Court :Criminal Court
Crime : abuse of trust due to service
Verdict: twice: TCK 155/2, 62, 52/2-4, 53. according to the Articles 1 year 8 months imprisonment and 1,000 TL judicial fine
File reviewed and considered necessary:
In a concrete incident, it is alleged that the accused, who was a goldsmith, took the Gold brought by the participants on different dates as a trust, closed the workplace after a while and lost track of it, and committed the crimes of abuse of trust due to service by not returning the gold of the participants and acquiring the goods;
Rejection of other appeals not seen in the defendant’s place,
But;
In the face of the defendant’s defense that the gold subject to the crime remained in his possession for a year, and those who participated stated that they gave it for the purpose of cashing in the gold, the truth was determined in a way that left no room for doubt. ; the participants in the case of the defendant for a commercial purpose or kept the gold that were to be determined in a manner far beyond any reasonable doubt, that the defendant understood that this was for a commercial purpose loaded if the action remains under legal dispute, it is understood that service was to be preserved in case of abuse of trust was evaluated as the leader because of the crime and the defendant accordingly in writing with the legal status given to research and appreciate the provisions to be incomplete should be assigned when,
8/1 of law 5320. article 321 of Cmuk No. 1412, which must be applied in accordance with article. her upset was decided by unanimous decision on 05.05.2016.