Aggravated Fraud Through the Use of Information Systems (TCK Article 158/1-f) – Judgment of Acquittal

The court decisions published in this section were obtained in cases in which Attorney Mert Sönmez personally acted as counsel and defense counsel.

REPUBLIC OF TÜRKİYE

*** COURT

CASE NO: ***

DECISION NO: ***

REASONING

Defendant *** *** denied the charge in the defenses taken at every stage. The other defendant *** obtained and personally used the bank-account information of nephew/niece *** ***. Defendant *** *** did not know that the cards would be used in a fraud; had entrusted the card to that person because the person was an uncle; and had no involvement. In view of the other defendant’s sincere confession that he/she personally defrauded the complainant, the defense of *** *** was found consistent and credible, and it was established that defendant *** *** did not commit the charged offense. Judgment was therefore rendered as follows.

JUDGMENT

A)1–Although a criminal action was brought seeking punishment of defendant *** *** under the final clause of TCK Article 158/1-f of Law no. 5237 for fraud committed by using information systems, banks or credit institutions as instruments, since the charged offense was not committed by defendant ***, the defendant is ACQUITTED pursuant to CMK Article 223/2-b.

2–The trial costs caused by the defendant shall remain with the Treasury pursuant to CMK Article 327.

3–As the defendant was represented by counsel, the attorney’s fee of TRY 29,800 determined under the Minimum Attorney Fee Tariff in force on the date of decision shall be awarded to defendant ***.