Abuse of Trust Due to Service, Qualified Fraud, Forgery of a Private Document Supreme Court Decision

Summary:

The plaintiff owned by …………….Industry and Trade Ltd. Since there is no conclusive and sufficient evidence for the conviction that the defendant, who works as an accountant at Şti, committed the crime of abuse of trust due to service by disappearing by taking the TL 6,500 given to him by the client due to paying the company’s debts, there was no failure in the acceptance for acquittal.

T.C.
Supreme
15. Criminal Department

Main Number: 2013/19113
Decision No: 2015/32092
K. Historical:

The provision on the acquittal of the accused on the charge of abuse of trust due to the service, the public prosecutor of that Place, the provisions on the conviction of the accused on the charge of qualified fraud and forgery of a private document, were appealed by the defendant’s defense, the file was examined and considered as necessary:
Owned by the client ……………………… Industry and Trade Ltd. Since there is no conclusive and sufficient evidence to convict the defendant, who works as an accountant at Şti, that he committed the crime of abuse of trust due to service by disappearing by taking the TL 6,500 given to him by the client due to paying the company’s debts, there was no failure in the acceptance for acquittal.
In the qualified fraud crime, considering that the unfair benefit obtained is 5.500,00 TL and calculating twice the benefit, there is no appeal against the incomplete penalty determination by imposing a judicial fine of 275 days instead of 550 days, since there is no reason to overturn it.
TCK No. 5237.nin 53.in relation to the paragraphs (1), (2), and (4) of the Article, the Constitutional Court issued a decree dated 08.10.2015 and dated E.2014/140, K.since the partial cancellation decision numbered 2015/85 was published in the Official Gazette dated 24.11.2015 and entered into force, it was deemed possible to observe it at the execution stage if conditions arise.
Trial conducted at the end of the service because of the crime of breach of trust was committed by the defendant by showing the reasons that’s not hard since it was made to be recognized and appreciated by the court, the defendant’s conviction for the crime of place that appeal to the decision of the public prosecutor thrown by counsel for the defendant appeals, fraud and falsifying documents regarding whether the elements of the crime of qualified private legal appeals with the rejection of the appeal, the request in accordance with the provisions APPROVED on 10.12.2015 it’s unanimous.

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