Dolandırıcılık - Yargıtay 23. Ceza Dairesi 2015/7999 Esas 2016/6266 Karar Sayılı İlamı

Özet:

An Ağır Ceza Mahkemesi ruled that a husband and wife couple committed fraud by making a buyer sell their computer for a cheap price and then not paying for it. The court sentenced them to 5 months in prison and a fine of 2,000 liras for violating Articles 157/1, 168/2, 61, 52/2, 53, 58, and 63 of the Turkish Penal Code. However, on appeal, the verdict was overturned because the court did not consider that the couple did not engage in fraudulent behavior and that the dispute between the parties was a legal one arising from a sale and purchase transaction.
The relevant articles of the Turkish Penal Code are as follows:
- Article 157/1: Punishes anyone who obtains goods from another person through fraud or deceit.
- Article 168/2: Punishes anyone who breaches trust by failing to fulfill an obligation regarding property entrusted to them.
- Article 61: Defines the minimum and maximum limits of imprisonment and fines in the Penal Code.
- Article 52/2: Provides that if the person who committed the crime is in a special relationship with the victim, such as a spouse or relative, then the punishment shall be increased.
- Article 53: Specifies the different types of penalties that can be imposed for a criminal offense, including imprisonment, fines, confiscation of property, and prohibition of certain activities.
- Article 58: Provides for the reduction of the punishment if the perpetrator voluntarily compensates the victim for the damage.
- Article 63: Allows for the suspension of the punishment for a certain period if the nature of the offense and the personality of the perpetrator do not require the imposition of a full sentence.