ABUSE OF TRUST & SEPARATION OF LEGAL DISPUTES SUPREME COURT DECISION

T.C.
SUPREME COURT
23. CRIMINAL DEPARTMENT
Base No:2015/7781
Decision No :2016/5875
THE DECISION EXAMINED;
COURT OF CASSATION : Criminal Court of Cassation
CRIME : Abuse of trust due to service
PROVISION : Twice: TCK’s 155/2, 62, 52/2-4, 53. 1 year 8 months imprisonment and a judicial fine of 1,000 TL in accordance with the articles
The file was examined and considered as necessary:
In a concrete case where the defendant, who was engaged in jewelry making, allegedly took the gold brought by the participants on different dates as an escrow, closed his workplace after a while and lost track of it, and committed crimes of abuse of trust due to the service by not returning the gold of the participants and acquiring goods;
Refusal of other appeals of the accused that are not considered on the spot,
But;
In terms of determining the truth in a way that leaves no room for doubt, the defendant argues that the gold subject to the crime remained with him for a year, and the participants also stated that they gave it for the purpose of cashing the gold; the participants kept the gold for a commercial purpose or in the case of the defendant that were determined to be far beyond any reasonable doubt, the defendant was understood to be loaded for a commercial purpose, if the action remains under legal dispute, was to be preserved in case it is understood that because of the crime of breach of trust was assessed as the leader of the service, and appreciate the legal status incomplete when the defendant and accordingly should be assigned to the provisions to be given in writing with research,
Since the appeals of the accused have been considered in place as of this moment, the provisions are therefore in accordance with Section 8/1 of Law No. 5320. article 321 of CMUK No. 1412, which must be applied in accordance with the article. its DETERIORATION in accordance with the article was decided by unanimous decision on 05.05.2016.

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