The crime of fraud occurs when the perpetrator acts to the detriment of the victim or someone else by deceiving someone with his fraudulent behavior, as well as for the benefit of himself or someone else. If the crime is qualified, it is committed by using certain religious, social, professional, technological tools or public institutions as tools. If so, the existence of unfair interests is necessary for the crime to exist. For example, in the decision given below, the action of the contractor who sold the same apartment to more than one person constitutes a qualified fraud offence. Because the person sold the same apartment to more than one person to use his current professional status and made an unfair profit. You can look at the example Supreme Court decision.
15. Criminal Department
Base Number: 2012/18721
Decision Number: 2014/11459
“Case Law Text”
Court :Criminal Court
Crime: qualified fraud
Sentencing: conviction
File reviewed and considered necessary;
In order for the crime of fraud to occur, the perpetrator must make a mistake with fraudulent behavior that can deceive someone, to the detriment of him or someone else, to benefit him or someone else. Cheating is a qualified lie. Fraudulent behavior performed by the perpetrator must be heavy, intense and ingenious to a certain extent, and there must be a number of actions that will eliminate the possibility of examination of the victim in terms of exposure. By using fraudulent behavior, the victim should be mistaken and as a result of this deception, the victim who believes in lies should be provided with unfair benefits to the defendant or someone else. If the trick is of a deceptive nature, it should be evaluated as an event, the property of the event, its relationship to the verb, the condition of the victim, the qualities of the document that was hidden or changed if it was used, should be taken into consideration separately.
In regard to persons who have performed commercial activities in order to ensure the reliability of this crime, merchant (personally trading people) or commercial activities of persons who act on behalf of the company or the manager of the company during the processing 158/1 TPC-H Hal qualified in the clause was adopted. These concepts will be determined according to the relevant provisions of the Turkish Commercial Code. 14 Of The Turkish Commercial Code. references; The merchant, or the profession due to personal circumstances or the nature of work and duties, therefore, in violation of the law or a governmental authority or a judicial decision or a ban need the permission of any other person, although the person who runs a business, also without permission or approval from the merchant, is considered commercial. “is called. Trading companies, 124 of the same law. in its article, trading companies consist of collective, commandite, joint-stock, limited and cooperative companies. In this law, the collective and the commandite company are persons; joint stock, limited and commandite company, whose capital is divided into shares, is considered a capital company.” The perpetrator of this crime may be a merchant or company manager, or a person acting on behalf of the company, or a cooperative manager.
… Eryaman public housing district, where the accused, an official of the construction Furniture Limited Company, undertook the construction of the company named … 2 E 12 on Parcel 1 of the island. Block 3 apartment on 31/03/2005 Ankara 13. Although a preliminary agreement to sell, sell … held in participating with the notary public, the same sales contract with the independent section 08.01.2007 organized on joining the’money received in advance by selling a second time in the same place held in Ankara on 09/02/2005 Block 6 with a preliminary agreement to sell the apartment participating notary public ……’joining the independent section with the same despite a sell 30.05.2007 organized on the sales contract …’his money in cash is received for a second time in the same place 4 H 7. Block 13 apartment on 21/07/2005 Ankara 13.Notary public held a preliminary agreement to sell in …participating with’e sell, although joining the sales contract with the independent section organized on 15.03.2008 same …’receives cash from selling for a second time; this has not completed the construction of the apartments in question, which is subject to sales as it did not return the money received from those who participated, and in this way the corporate defendant’s alleged fraud on the scope of commercial activities of the crime of qualified thrown in the incident;
1-in the examination of appeals against the provisions of the conviction given for the actions of the accused against the participants … and …;
To his defense, the defendant, witnesses accounts, sales contract, sales contract and all file scope, according to the company’s commercial activities within the scope of the defendant’s manager, attendees … with …’a, previously with preliminary agreement for sale and sell the notary of the other parties, which promised to their money by selling the apartments in advance of obtaining unfair advantage by purchasing realized in the form of the action that creates the offence of fraud observed in the acceptance of a qualified constant misses has seen.
In accordance with the court’s opinion and discretion in accordance with the results of the prosecution, the rejection of other appeals that are not seen in the place of the prosecutor of the Republic and the defense of the defendant in accordance with the scope of the file under review, but;
Although prison sentences for fraud are determined from the lower limit, judicial fines are determined without adequate and legal reasons, on the same grounds, the full number of days is determined by moving away from the minimum limit, and the accused is given an excess penalty,
Because the appeals of the public prosecutor and the defense of the accused were considered in place for these reasons, the provisions were amended by Law No. 5320 8.321 of the Cmuk, which must be applied in accordance with article.violation in accordance with the article; however, this violation is not subject to a retrial of the same law
322.since it is possible to correct it in accordance with article; contained in the provision “5237 of TCK 158/1.H, 52/2 in accordance with articles 52 of the same law in exchange for a 1,000-day judicial fine issued as a result. in accordance with article 20.00 TL per day to be punished with a judicial fine of 20000 TL” instead of statements “5237 TCK 158/1.5 days judicial fine in accordance with article h, 5 days judicial fine in accordance with articles 52/2 of the same law in exchange for a daily fine of 20.00 TL, as a result of 100.00 TL judicial fine”, correction and approval of the provision by writing,
2 – in the examination of the appeals against the acquittal provisions given for their actions against the accused …, … and …;
Considering that the actions of the accused in the form of promising to sell these apartments to the participants…, … and …and then obtaining unfair Interests by deceiving the participants by not completing the construction of the apartments and selling the same apartments to other persons by performing fraudulent actions, the conviction should be decided in the discretion and evaluation of the evidence, without regard to the miscon Juliette of the defendant in writing,
Because the appeals of the public prosecutor were considered in place in this respect, the provisions were therefore 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 09.06.2014.
