8. Criminal Department 2021/7635 B. , 2021/16240 D.

“Case Law Text”

Court :Criminal Court of First Instance

Crime : misuse of someone else’s debit or credit cards

Sentencing: conviction

As necessary, discussed and considered:

According to occurence and the file, he seized the driver’s license containing the credentials of the participant, who was a relative of the defendant, and pasted his own photo, and Fortisbank Anonimous Company  applying for a credit card use this card in a concrete case s in order, allegedly, the defendant in stages using a relative out of this credit card, which is not out of the Join to participate in debt because of the presence of this by stating that he paid the debt arising from the use of the credit card refuses to accept blame, if the attendee’s declaration dated 26.03.2012; in the face of the fact that the defendant, who received his driver’s license without permission, later sent this document through his brother Savash Kalkan, the expert report received at the stage of the investigation is related to the signature and handwriting on the Dısbank Ideal card application form dated 29.08.2003, which is not related to the contract given by Fortisbank, which is the subject of the crime; for the purpose of determining the defendant does not doubt the truth in a way that by using the credentials of 2008 after attending fortisbank credit card application and exists whether or not it issued a credit card and documents, and reference is made to the written text to be asked to fortisbank laid out in whose name the credit card after the submission of the application form or the contract documents, the defendant or of the signatures in expert review of the attendee’s hand as to whether the product is done, who issued the credit card on what date it was delivered, the provision of the respective courier company Delivery documents where necessary getting done on this document examination, the defendant’s brother, War shield by referencing the attendee’s knowledge and manners as witnesses is sent in place of the defendant’s driver’s license to be asked as to where, because of the use of a credit card statement after evaluating all the evidence by researching at the base of the expenditure according to the results, without considering the need of the decision and judgment of the defendant’s legal status, incomplete research, written with the establishment of provisions,

Contrary to the law, the defendant’s appeals were considered in place in this respect, so the provisions of Law No. 5320 8/1. CMUK No. 1412, which must be applied in accordance with article.in 321. it was decided by unanimous decision on 16.06.2021.