Misuse Of Debit Or Credit Cards Belonging To Another Person Court Of Cassation Decision
8th Criminal Chamber 2021/7635 E. , 2021/16240 K.
“Case Law Text”
COURT :Criminal Court of First Instance
CRIME : Misuse of bank or credit cards belonging to another person
CONVICTION : Conviction
The necessary matters have been discussed and considered:
According to the facts and the scope of the file; in the concrete case where it is alleged that the defendant seized the driver’s licence containing the identity information of the participant, who is a relative of the defendant, pasted his own photograph and applied to Fortisbank A.Ş. and had a credit card issued and used this card; the defendant did not accept the accusation by stating that he did not issue this credit card himself but that the participant, who is a relative of the defendant, issued and used this credit card, and that he paid the debt arising from the use of this credit card due to the fact that he owed money to the participant, and the participant, in his statement dated 26. 03.2012; that the defendant, who took his driving licence without permission, later sent this document through his brother Savaş Kalkan, and that the expert report received during the investigation phase was not related to the contract given from Fortisbank subject to the crime, but was not subject to the trial. 2003 dated Dışbank Ideal Card Application form, which is outside the subject matter of the trial; In order to determine the truth in a way that leaves no room for doubt, it is necessary to ask Fortisbank whether the defendant applied for a credit card to Fortisbank in 2008 and later by using the identity information belonging to the participant, if this application was made, the documents related to this application and on whose behalf the issued credit card was issued, to have an expert examination on whether the signatures on the documents after the credit card application form or contract was sent are the handwriting of the defendant or the participant, to whom and on what date the issued credit card was delivered, Obtaining the delivery document from the relevant courier company, having an expert examination on this document when necessary, asking Savaş Kalkan, the brother of the defendant, as a witness and asking whether the defendant sent the driver’s licence belonging to the participant, and investigating the expenditure statements from the bank due to the use of the credit card, without considering that all the evidence should be evaluated together and the legal status of the defendant should be determined and appreciated according to the result, to establish written judgements with incomplete research,
It was decided unanimously on 16.06.2021, in accordance with Article 321 of the Code of Criminal Procedure No. 1412, which should be applied in accordance with Article 8/1 of the Law No. 5320 for this reason, since the appellate objections of the defendant were deemed appropriate in this respect.
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