Fraud fraudulent movements in favor of the person with himself or a third person, and of TCK article is to provide an unfair advantage 158/1-F the crime of fraud, “computing systems, bank or lending institutions as the means by the use of” processing; TCK article 158/1-J “a loan that should not be allocated to the banks or other credit institutions in order to ensure the opening of” processing are organized into. In this regard, the crime of fraud and the crime of misuse of a bank or credit card should be examined.

If a bank or credit card has been obtained by fraudulent behavior, while fraud exists in terms of this transaction, if a card seized in this way is used, m.the crime contained in 245/1 occurs. The Supreme Court of Cassation has expressed its opinion that the acts assessed by some courts of first instance in accordance with Article 158/1-f of the Turkish Commercial Code or article 158/1-j should actually be assessed as part of the misuse of bank or credit cards. In a 2007 decision, the Supreme Court stated this in the following way: ,”…. Convicted T….P….in the face of the claim and acceptance that the act provides benefits for the loss of the bank and for its own benefit by using the cards it has forged by copying the information on the credit cards belonging to the participating bank customers who are appealing the provision; the act is in accordance with Article 245 of the TCC No. 5237, which entered into force on 01.06.2005. 9 of Law No. 5252, without regard to the fact that it constitutes the crime of “misuse of bank or credit cards” defined in Article. in accordance with the provision of article 158/1-f, the comparison should be made by taking into account the evil eye instead of the said article …”

Supreme Court 11.The Criminal Department stated that until the decision of the Criminal General Assembly in 2008, Article 245 of the TCK was a special regulation requiring a more severe punishment in terms of article 158/1-j, and after this decision made in 2008, it considered these cases in accordance with Article 245 of the TCK. However, the Supreme Court changed its opinion in a decision dated 2019 and stated in its decision that the action constituted a qualified fraud offence as follows; “At the time of the crime, the defendant allegedly called the participant by phone, saying that he was a yapı kredi individual life health service employee, and saying” “you have requested that your health service be canceled, we will restore your money to your card”” and received card information and withdrew £2,000 from the card in the incident; the defendant himself in the face to the employees of the Penal Code No. 5237 insurance 158/1 action-whether to create evidence about the case of fraud the crime of qualified hereof L of top grade Heavy Penal Court, considering that belongs to the non-jurisdiction provision is required to break it until now is done, and the objections of the defendant appeal in this regard is seen since the poet examination of aspects of the provision, therefore, 5320 Law Article 8/1. article 321 of CMUK No. 1412, which must be implemented in accordance with Article. in accordance with article 326 / last article of the same Law, it was decided by a majority vote on 20/06/2019 to retain the rights acquired in terms of the amount of punishment”.

Another decision of the Supreme Court in the same direction states: “According to the occurrence, the participant’s statement, the defendant’s defense and the entire scope of the file; the mobile phone used by the participant on the date of the crime was identified as a subsidiary of Finansbank by a caller on 0850 …, said that they provide medical services, the participant belongs to Işbank 54….. in the incident where he allegedly shared credit card information with card number, on behalf of the participant … when the Group checked his account upon receipt of a health services contract by Health and Consulting Services, a withdrawal of 911.45 TL was made from the credit card, in the defense of the defendant, approved by the Ministry of Health N…..the named insurance company must indicate that they are marketing their policies and provide all the requested information about the participant’s Işbank credit card with their consent, in the face of the fact that the transaction was made with the 3D secure system and the 3D password was sent to the participant’s phone with the Işbank letter dated 06.04.2016, the defendant and N…. the company’s insurance and medical check-ups by the General Directorate of the Treasury is authorized to provide insurance asked whether defendant with the company after company… we investigated whether N is a contract between the defendant mentioned in the case where the authority is located, the Act would create a crime, the act of the defendant of the Penal Code, unless empowered to do so 158/1-f item which is organized in information systems, as the crime of fraud by the bank or lending institutions without considering the use of means that would constitute, in the mistaken qualification of the crime are deducted, and in the writing of the Penal Code 245/1. the conviction of the accused for the misuse of bank or credit cards defined in the article and paragraph is against the law and the appeals of the accused have been considered in place as of this date, for this reason, the provision of CMK 302/2. its deterioration in accordance with the article was decided unanimously on the day of 10.02.2020”.

In order to be able to talk about the existence of a fraud offense, it is necessary that a real person has been deceived by fraudulent behavior. Therefore, fraudulent behavior should be directed at a person. In a 2009 decision, the Supreme Court stated this in the following way: “In order for the crime of fraud to occur, it is necessary to deceive the fraud by referring it to a real person and, as a result of these actions, to provide an unfair benefit in favor of the defendant or someone else to the detriment of him or someone else, and in a concrete case; the claim that the defendant’s own fake credit cards to be accepted and make transactions from PoS devices, in the face of cheating and against real people desise that is loaded in force on the date of the crime, because there is actual article 525 of the Penal Code No. 765/b-2(Law No. 5237 245/3) hereof that creates the crime of disregarding Informatics…”

In qualified cases regulated in Article 158 of the Turkish Commercial Code, fraudulent behaviors are directed to the information system. There is no mention of cheating the information system, that is, the machine. However, in the event that the perpetrator gains benefits by misusing bank or credit cards without deceiving a real person in the position of addressee, the provision of Article 245 of the Turkish Commercial Code finds a scope of application. In other words, without confronting a real person, direct interest is obtained only by using the information system.

The court of Criminal Appeals by the General Assembly details 30.03.2010 day 2010/17-65 based on Decision No. and 04.03.2014 day 1439/104 numbered as stated in the sentence, for the crime of misuse of credit cards or bank, a debit or credit card when considering the shape of the law, legal regulation of unlawful seizure may occur in the case of theft, looting, breach of trust, fraud crimes such as misuse of credit cards with the bank or between the actual perpetrator of the crime should be punished separately for each crime by applying the inspection rule. In practice, it is confused whether the first crime for seizing a card is fraud or theft, especially in order to commit a crime of misuse of bank or credit cards. As a matter of fact, in a decision of the Supreme Court in the same direction, it is stated that; “ Article of the Turkish Penal Code No. 5237 245/1 “in any way” Statement, bank or credit cards only lawful covers to expose the ways, for the reason that the complainant is located where the defendants in the history of crime from the ATM card to defendants to assist in the withdrawal of the defendants ‘ making it look like a sleight of hand that is wearing the complainant to tell bankomat with card ATM swallowed to the plaintiff upon separation from their hand with the card in bankomat withdrawals from the account of the complainant in the form of actions that occur, it is a violation of the law to decide in writing that the elements of the crime of fraud have not been formed, but the defendants have taken a credit card of a security nature that has no doubt that the participant carries economic value without the owner’s consent, regardless of the fact that their actions constitute a crime of theft”

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