What is fraud?
The crime of fraud, regulated in Articles 157 and 158 of the Turkish Penal Code, is the separation of a person with unsuccessful fraudulent actions, and the benefit to himself or someone else at the expense of the victim or someone else. The crime of qualified fraud is the operation of the crime as a tool of certain religious, social, commercial, technological methods or public administration.
The crime of fraud “Using information as a tool” is also a comprehensive fraud crime. What is meant by the realization of the crime of using information as a tool of the results of information; if it fails, without facing it or using another tool, the damage has been incurred only through information systems.
The use of information does not provide more convenience than other transactions in terms of deceiving a person, but when this change reaches the fraudulent change and deceives a person, there is no doubt that it is much easier to commit this act in terms of failure without facing victimization. In this case, since it is at fault, it is not a person, but a saving transaction made to information systems.
There are many different acts in fraud crimes committed by directly entering information systems or through these systems. The variety of this tort is increasing day by day and the methods are constantly being applied.
♦ For example; creating fake websites using the codes of secure sites, sending goods later in the case of e-sale, on the contrary, using fraudulent applications such as exemption shopping advice and stolen or fake credit cards for this shopping, using online friend sites, agreeing on the money of the people they meet here, learning to make any payment to the companies they follow, sending a new e-mail to the person who will make the payment in a way that leaves no room for doubt, etc.
An example of the decisions of the high courts in Turkey is given below.
“In the incident where the defendant allegedly made a detailed fraud crime in this way despite the fact that he could not reach the defendant when he called the number specified in the advertisement of the vehicle that was seen by those who saw the advertisement of the vehicle for sale on the website named “…com”, he agreed to sell the vehicle with the defendant, upon the defendant’s request for a deposit, he transferred 1000 TL to the bank account registered in the name of …, and later when he called, the defendant was shown that the defendant committed the crime of detailed fraud. There was no error in the court’s acceptance that the defendant’s actions constituted the crime of comprehensive fraud.” moreover
Atty. Havva KÜLÜĞ
