The crime of qualified fraud using information systems, which has also taken its place among the public as fraud on the internet, has become one of the most common crimes today. We have all heard from someone we know that they were scammed as the victim of this crime or that they were the defendant, even if indirectly, and that they stole my account, etc.
Fraudsters who post rental or sale house ads on the internet through advertisement sites (sahibinden.com, hurriyetemlak.com, emlakjet.com etc.) usually open an account under a different name, and the line they use is registered to someone else’s name. These people tell the victim in a difficult situation that the house is about to be rented/sold, but that they cannot give the house to someone else if a deposit is made, and that the victim will be able to see the house in the near future. The IBAN account to which the victim makes the payment is usually in the name of someone else.
After the victim pays the money, the perpetrators either do not answer the phone at all or may request a portion of the commission to be paid on the grounds that they are in a bad situation (hospital/surgery emergency, card payment, etc.). When you go to see the house on the agreed day, you find out that someone else is living in the house and that the house is owned by someone else. After this moment, the perpetrators block your phone and prevent you from reaching them.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
Especially when you apply for an ad thinking that you have found a reasonably priced vehicle outside the city, the fraudsters who own the fake ad will ask you for a disposable deposit and say that they will option the vehicle for you. However, here too, you cannot contact the fake ad owner in any way after the payment, they will block you. Here too, the process will proceed like renting a house.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
Another type of fraud that is difficult to track is the match ticket/season ticket transfer scam. This type of fraud, which was popular for a while, involves sharing on a social media account and saying that a ticket will be transferred. Many people are paid with the promise of a match ticket. Then the scammers are once again inaccessible. Here too, the account owner, phone number owner and IBAN owner will be different people.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
They may reach you online and demand that you make a payment on the grounds that your name is involved in a crime. In this case, your name and surname, sometimes your Turkish ID number, are included in the relevant document. Scammers who have access to this information include this information to increase the realism. They force you to make a payment quickly by saying that if you do not pay, you will go to prison, you will encounter much worse things, your name will be heard. The two most common types of crimes here are being a member of a terrorist organization, making terrorist propaganda and obscenity, watching child pornography, etc.
You can read our article titled “What is Personal Data? Who is the Data Controller?” regarding what personal data is or how it can be obtained .
There are definitely parts that are far from the truth in such documents. When you consult your lawyer, he will be able to tell you quickly whether the document is real or not. Sometimes there are areas in the documents that do not exist in our legal system, such as where you will be punished by the civil court, and sometimes the prosecutor’s office will punish you in court.
Once a payment is made here, the scammers demand further payments. The scammers initially demand small amounts of payment and gradually increase this amount. They continue to demand payment until you become suspicious.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
Since pirate betting sites are not legal, there is always a risk of scamming you. They may pay you at first or even pay more than they should. However, after a while, they may not pay you even though you have paid the site. Because when pirate betting sites are closed, they are reopened under different names, so scammers may not pay and continue their business from other sites.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
Fraud with messages/banners such as “You are the 1000th customer to enter the site, enter your account information immediately to receive your reward, pay the 1000 TL registration/expense fee immediately to receive the grand prize” is also a very popular method. Here, they can get your direct bank information, as well as your identity or social media information and force you to make a payment from there. Therefore, it would be beneficial not to believe advertisements that you have won a reward, especially on sites you do not trust, and not to fill in the information here.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
You may say, “I thought I was helping a charity organization,” but accounts that specifically identify themselves as charity organizations and say they will help a sick child may also be trying to scam you. They may try to scam you by imitating corporate accounts of charity organizations as well as personal accounts, and by directing you to help.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
When you search the internet with the intention of making a reservation for a holiday, buying clothes online, renewing my internet subscription, etc., some of the sites you will see as advertisements at the top may be imitation sites. The aim of these sites is to use the trust given by the original site to make you pay. Therefore, when you enter without paying attention, they may start to process/steal your information. A professionally prepared imitation site may also direct you to make a payment. After you make a payment, you cannot reach the service or the people you paid the money to.
For example, you want to go to the Saldıroğlu Law & Consultancy website and search the internet in this way. The first site that comes up is the advertised saldirogllu.com site, which is a fake site prepared to copy all the information on the saldiroglu.com site and receive payment for themselves. If you make a payment here, you will be scammed as a result of using information systems as a tool.
You can find information on what to do in this and similar fraud cases, how you can get results, where you can complain and how you can get your money back in the following sections of our article. In these and similar cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
In order to understand the crime of qualified fraud using information systems, it is first necessary to examine the crime of fraud.
The crime of fraud is regulated in the TCK Article 157 under the title of Crimes Against Property in the Tenth Chapter of the Turkish Penal Code.
Article 157 – (1) A person who deceives another person through fraudulent behaviour and provides a benefit to himself or another person to the detriment of that person or another person shall be sentenced to imprisonment from one to five years and a judicial fine of up to five thousand days.
The legal value protected in the crime of fraud is the value of the property of the person. However, it is not only the property value, unlike the crime of theft, in this type of crime the free will and trust of the person are also protected. It is understood from the text of the law that there are three main elements of the crime. These three elements are: fraudulent behavior, deception and benefit.
Fraudulent behavior can be summarized as making false statements or behaviors in order to influence the will of the victim. What is important here is whether there is a behavior that the victim would not accept if he knew the truth. For example; in the fraud crime that has occurred by copying hotel websites, which has been frequently encountered in recent times, fraudulent behavior is the process of copying the original website and presenting it in front of the victim.
Deception is also an element of the crime of fraud. Because if the victim is not deceived despite the existence of fraudulent behavior, the crime remains an attempt. Therefore, fraudulent behavior alone is not sufficient for the crime to occur, and the condition of deception must also be met.
In the condition of providing benefit, the perpetrator does not only need to benefit himself. As stated in the text of the law, the person who benefits himself or someone else can be the perpetrator of this crime. Another important point here is that this benefit is provided to the detriment of the victim or someone else. Therefore, the benefit provided here is not an ordinary benefit, but must be to the detriment of the victim or someone else. Again, to give an example, the perpetrators who copy the hotel site benefit and receive payment to the detriment of the victim when the victims pay them as if it were the real hotel site. Here, the crime is completed.
The answer to the question of how can I understand that I have encountered a fraudster can be given in this way. If he wants to make an unfair profit for himself or someone else by deceiving you through deceit, then you are faced with a fraud situation.
The crime of fraud can only be committed intentionally. Therefore, the perpetrator must know that he is committing fraudulent acts, that he is deceiving someone else, and that as a result, he is benefiting himself or another person at the expense of the victim or another person. The crime of fraud cannot be committed by negligence. In this type of crime, attempt, participation and concurrence are possible.
TCK Article 158 lists the qualified cases of the crime of fraud that increase the penalty, while TCK Article 159 lists the qualified cases that reduce the penalty.
TCK art. 158: Qualified fraud:
Article 158- (1) The crime of fraud;
If committed, a sentence of imprisonment from three to ten years and a judicial fine of up to five thousand days is imposed.
(Additional sentence: 29/6/2005 – 5377/19 art.; Amended: 3/4/2013-6456/40 art.) However, in the cases listed in subparagraphs (e), (f), (j), (k) and (l), the lower limit of the prison sentence cannot be less than four years, and the amount of the judicial fine cannot be less than twice the benefit obtained from the crime.
(2) A person who obtains benefits from another person by deceiving him by claiming to have a relationship with public officials and being respected by them, and by promising to do a certain job, shall be punished in accordance with the provision of the above paragraph.
(3) (Additional paragraph: 24/11/2016-6763/14 art.) If the crimes set out in this article and article 157 are committed by three or more people together, the penalty to be given is increased by half; if the crimes are committed within the scope of the activities of an organisation established to commit crimes, the penalty to be given is increased by one fold.
TCK art. 159: Situation requiring lesser punishment
Article 159 – (1) If the fraud is committed for the purpose of collecting a receivable based on a legal relationship, a prison sentence of six months to one year or a judicial fine shall be imposed upon the complaint.
Effective repentance (TCK Art. 168) is possible in the crime of fraud. The crime of fraud is not a crime subject to complaint. Therefore, an investigation can be conducted ex officio. Even if the complaint is withdrawn, the trial continues.
In the simple case of fraud, the competent court is the Criminal Courts of First Instance. In the case of qualified fraud, the competent court is the High Criminal Courts. The competent court is the court where the crime was committed.
The statute of limitations for fraud is 8 years. The sanction foreseen for fraud in Article 157 of the Turkish Penal Code is a penalty of 1 to 5 years and a judicial fine of up to 5,000 days. This amount varies in qualified cases of the crime.
Fraud crime is not a crime subject to complaint. Therefore, a criminal complaint can be filed with the police department or the Chief Public Prosecutor’s Office. Complaints made through CİMER are also forwarded to the authorized Chief Public Prosecutor’s Office and an investigation is initiated.
Information systems cover all technologies, including communication and computers, used in the collection, processing, storage of information, transmission from one place to another through networks and presentation to users. In short, all structures that include smart devices, the internet and technology can be called information systems.
Especially social media and messaging applications (Facebook, Instagram, Twitter, WhatsApp) are the most commonly used information systems in fraud crimes.
The perpetrators of fraud crimes place advertisements on sahibinden.com or social media applications, particularly for the sale/rental of a product, vehicle, house, etc. Here, the victim is directed to make the payment without giving much time to think, by offering features such as the product being more affordable, being shown as a bestseller, or being the last product.
Fraudsters who ask for the price of the product or a certain deposit from the victim usually become unreachable after the money is deposited into the account. Some perpetrators continue to ask for money from the victim after this point.
On the other hand , perpetrators who reach the victim by preparing fake documents saying “your name was involved in the crime” can still ask for money. Here, the method of reaching the victim can direct the crime to the crime of using information systems as a tool. In addition, the crime of forgery of private documents can also come to the fore in such cases.
The crime of using information systems as a tool can be committed by hacking and copying some shopping sites. When the victim enters his/her card information or sends money to the account thinking that he/she has made a reservation from a hotel site, he/she may not realize that the site he/she has entered is not the original site but a site copied by the fraudsters.
In the crime of using information systems as a tool, the perpetrators usually follow the following path; the main perpetrator of the crime, the person who organizes it, is usually a person who is abroad and is hard to reach. This person organizes the event, and even if his name is known, he cannot be reached or it takes years to reach him.
The person whose phone number is used; the victim is contacted using this person’s phone number. Here, the person whose phone number is used may be the victim of the incident or even one of the perpetrators may willingly participate in this crime with his or her own number.
The person whose bank account is used; here, either very young or old people or foreign nationals are targeted, and bank accounts are used in return for a certain payment. A portion of the money that comes to the account is kept by the person whose bank account is used, and the rest is delivered to the real perpetrators. Sahibinden.com or a social media account is opened in the name of a hypothetical person. Thus, reaching the real perpetrators of the crime becomes even more complicated.
“I was scammed, can I get my money back?” is one of the questions that fraud victims are most curious about. Using information systems as a tool, the defendant who is tried in the High Criminal Court for fraud can accept to compensate the victim for the damage in order to benefit from effective remorse.
The money paid can be recovered by filing a compensation lawsuit in the Civil Courts of First Instance against defendants who do not want to benefit from effective repentance. However, in some cases, it is seen that some of the defendants are abroad and some are in prison. In such cases, it is more difficult than usual to get the money paid back from the defendants.
If the case is accepted after the Civil Court, the money paid from the defendants can be recovered either by conciliation or by enforcement.
In such cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
Since fraud crime is not a crime subject to complaint, investigation is initiated as of the notification, complaint or ex officio. The statute of limitations for fraud crime is 8 years. The prosecutor’s office initiates the investigation as of the complaint and collects evidence until the prosecution, then the authorized prosecutor prepares an indictment and initiates the prosecution.
Investigation and prosecution of fraud crimes can be concluded within 1-2 years unless otherwise stated. However, in cases where one of the suspects/defendants is abroad or cannot be identified, the trial process may be prolonged.
In such cases, do not forget to consult your lawyer. You can reach us by using the e-mail address burak@saldiroglu.com .
