Theft Committed Through the Use of Information Systems (TCK Article 142/2-e) – Judgment of Conviction

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

REASONING:

On the date of the incident, TRY 4,900 at 11:27 and TRY 4,050 at 11:28 were transferred, without the complainant’s knowledge or consent, from the complainant’s Denizbank account to the defendant’s Yapı Kredi Bank account. Although defendant *** stated that he/she had given the card to ***, witness *** denied the allegations; it was contrary to the ordinary course of life for the defendant to give a bank card to a person with whom he/she had no close relationship; and, according to witness ***’s statement, part of the money received in the defendant’s account was transferred to the account of the defendant’s friend, witness ***. In view of these matters, it was found that defendant *** accessed the complainant’s Denizbank account by an unidentified method and transferred a total of TRY 8,950 to his/her own account in two transactions, thereby committing the charged offense. Since the transfers were made one minute apart, the provisions on successive offenses were not applied. Because the defendant sent money to his/her own account twice, the sentence was determined above the statutory minimum.

JUDGMENT

JUDGMENT: For the reasons set forth above:

1–For the proven act of aggravated theft falling under TCK Article 142/2-e, the defendant is SENTENCED TO 5 YEARS AND 2 MONTHS’ IMPRISONMENT, departing from the statutory minimum in view of the manner in which the offense was committed, the seriousness of the loss caused and the defendant’s culpability based on intent.

–Considering in the defendant’s favor the possible effects of the sentence on the defendant’s future, a discretionary reduction of one sixth is applied pursuant to Article 62/1, and defendant *** is SENTENCED TO 4 YEARS, 3 MONTHS AND 20 DAYS’ IMPRISONMENT.

–In view of the amount and nature of the sentence imposed, there is no ground to apply Article 231/5 of Law no. 5271 or Articles 50/1 and 51/1 of Law no. 5237.

–TCK Article 53 shall be applied, taking into account the Constitutional Court’s decision dated 8/10/2015 and numbered ***–***.

2–The total trial costs of TRY 232, consisting of TRY 87 for one summons served on complainant ***, TRY 87 for one summons issued by the rogatory court in the name of witness ***, and TRY 58 in postal expenses, shall be collected from the defendant and recorded as revenue to the Treasury.

Pursuant to CMK Article 273, the decision is subject to appeal before the Samsun Regional Court of Appeal within seven days from pronouncement for a party in whose presence it was rendered, or within seven days from service for a party in whose absence it was rendered, by a petition submitted to this Court, to any court for transmission to this Court, or to the prison administration, or by a statement made to the court clerk, entered in the record and approved by the judge. The decision will become final if no legal remedy is sought. The decision, consistent with the prosecutor’s opinion, was read aloud and duly explained in the defendant’s presence. 02/05/2024