Dolandırıcılık - Yargıtay 15. Ceza Dairesi 2018/7113 Esas 2020/5244 Karar Sayılı İlamı
Esas No: 2018/7113
Karar No: 2020/5244
Karar Tarihi: 10.06.2020
Dolandırıcılık - Yargıtay 15. Ceza Dairesi 2018/7113 Esas 2020/5244 Karar Sayılı İlamı
Özet:
An Asliye Ceza Mahkemesi convicted the defendant of the crime of fraud under article 157/1, 62, 52/2, 50/1-a and 52/2-4 of the Turkish Penal Code. The case was brought to the court by the victim and the defendant appealed the decision. However, the court found no error in the judgment based on the evidence presented and the defendant's confession. The defendant had acted with a co-conspirator to sell land that did not belong to them to the victim. The victim paid a deposit, but later discovered that the land did not belong to the defendants. The court found that this action constituted fraud. The case was referred for reconciliation, but no agreement was reached. After reviewing all the evidence, the court upheld the previous verdict and sentenced the defendant accordingly.Article 157/1 of the Turkish Penal Code defines fraud as \"deceiving someone with the intention of obtaining a wrongful gain for oneself or for another person, causing the victim to suffer a loss.\" Article 62 states that a person who is convicted of fraud shall be imprisoned for a term of two to six years. Article 52/2 considers the victim's statement as evidence. Article 50/1-a makes fraud a public crime that can be prosecuted by the state. Finally, Article 52/2-4 allows for evidence obtained illegally to be used in court if the person who committed the crime is benefited by the evidence.
