8th Penal Chamber 2021/7635 E. , 2021/16240 K.
“Justice Text”
COURT: Criminal Court of First Instance
CRIME: Misuse of another person’s debit or credit cards
JURISDICTION: Conviction
It has been discussed and considered:
zAccording to the occurrence and scope of the file; In the concrete incident where it is alleged that he seized the driver’s license containing the identity information of the participant, who is the relative of the accused, and pasted his own photograph, and applied to Fortisbank A.Ş. In the statement dated 26.03.2012, the defendant did not accept the accusation by declaring that he did not issue this credit card himself but used it by his relative, and that he also paid the debt arising from the use of this credit card due to the fact that he had debts to the participant; the defendant, who took his driver’s license without permission, stated that he later sent this document through his brother Savaş Kalkan, the expert report received during the investigation phase is not related to the contract given from Fortisbank, which is the subject of the crime, but is not related to the signature and handwritings on the Dışbank Ideal Card Application form dated 29.08. against it; In order to determine the truth in a way that leaves no room for doubt, asking Fortisbank in writing whether the accused applied for a credit card to Fortisbank in 2008 and after using the identity information of the participant, and if this application was made, the documents related to this application and the name of whom the credit card was issued, the credit card application form After the delivery of the contract or the contract, an expert examination is made on whether the signatures on the documents are the work of the accused or the participant, to whom and on what date the issued credit card was delivered, the delivery document is also provided by the relevant courier company, and an expert examination is made on this document when necessary, the brother of the accused By applying to the knowledge and experience of Savaş Kalkan as a witness, asking whether the defendant sent the driver’s license belonging to the participant, and investigating the expenditure statements from the bank due to the use of the credit card, all the evidences were gathered together. Establishing provisions in written form with incomplete research, without considering the necessity of the determination and discretion of the legal status of the accused according to the result of the evaluation,
It is against the law, since the defendant’s appeals are deemed appropriate in this respect, the provisions of the 8/1 of the Law No. 5320 for this reason. It was unanimously decided on 16.06.2021 that it should be FRINGED pursuant to article 321 of the CMUK numbered 1412, which should be applied in accordance with the article.
