8. Criminal Chamber
2021/7635 E. , 2021/16240 K.
“Justice Text”
COURT: Criminal Court of First Instance
CRIME: Misuse of another’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, that 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 to the signature and handwritings on the Dışbank Ideal Card Application form dated 29.08.2003, which is out of the jurisdiction. 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 and the name of whom the credit card was issued, the credit card application form should be submitted. or after the contract is sent, to have an expert examination 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, to obtain the delivery document from the relevant courier company, to have an expert review on this document when necessary, 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 written provisions with incomplete research, without considering the need for 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. Criminal Procedure Code No. 1412, which must be implemented in accordance with Article
In accordance with Article 321, it was unanimously decided to DESTROY it on 16.06.2021.
