The model you are looking for appears in an advertisement with lots of photos, at a price slightly below the market. The seller is very interested in the phone: “There are many callers at this price, let me book the car for you, just send a deposit.” The receipt is sent, the phone hangs up after a few hours, the ad is deleted. The IBAN you sent the money to belongs to someone you don’t know.

In this article, the legal nature of the deposit fraud in the sale of vehicles on the internet, the penalty, the 2025 change in the competent court, the victims to do in the first hours and after, the evidence to be requested in the investigation, the responsibility of the account holder, the responsibility of the account holder, the effective remorse and the ways of getting the money back. We are discussing it with the decisions of the General Assembly and the Criminal Chambers of the Court of Cassation.

Short answer

Payment, security fee or shipping fee via the fake vehicle advertisement on the internet, TCK Article 158/1-F Qualified fraud by using information systems as tools is to blame; A small amount does not change the result. Criminal imprisonment from four to ten years and a judicial fine, not less than twice the benefit. Crime It is not subject to complaint and is not subject to reconciliation. From 25.12.2025 Court in charge of lawsuits is a criminal court of first instance. victim, in the early hours Notify banks and To the Chief Public Prosecutor’s Office to the money in the account by making a complaint with the evidence confiscation should demand. In the investigation, IP records from the announcement site, HTS records from the operators and ATM camera records from the bank should be requested from the bank.

1. Relevant Legislation

TCK m.157/1 — Fraud

“A person who deceives a person with fraudulent behavior and benefits himself or someone else, is sentenced to imprisonment from one year to five years and a judicial fine of up to five thousand days.”

TCK m.158 — Qualified fraud (Related Parts)

“(1) The crime of fraud; … f) In the event of the use of information systems, banks or credit institutions as instruments, …, imprisonment from three years to ten years and a judicial fine of up to five thousand days are imposed. In cases listed in subparagraphs (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.” “(3) “(3) If the crimes in Article 157 are committed jointly by three or more people, the penalty to be imposed is increased by half the penalty in the event of an organization formed to commit a crime.” — “(4) The participation in the crimes in Article 157 of this article 157 may be paid by the participation of the participation in the crimes in Article 157, such as a bank or credit card belonging to him or someone else, or by banks, intermediary institutions, payment service providers or crypto-asset service providers in order to ensure an unjustified benefit to himself or someone else. If it is limited to the act of giving the necessary information or tools to someone else, the penalty to be imposed is reduced by half.”

TCK Article 158/4, accepted on 16.07.2026 and published in the Official Gazette dated 31.07.2026 and numbered 33326 Law No. 7589la has been added. For the full text of the provision and the provisions of the transition Turkish Penal Code No. 5237current text should be followed.

TCK m.168/1-2 — Effective Regret

“(1) After the crimes of theft, damage to property, abuse of trust, fraud, fraudulent bankruptcy, negligent bankruptcies are completed, and therefore before the proceedings begin, the perpetrator, instigator or helper will show remorse. If the victim has completely eliminated the damage he has incurred, by giving it the same, by returning it, it will be reduced to two-thirds of the penalty to be imposed.” “(2) If the effective remorse is shown after the prosecution has begun but before the verdict is given, the penalty will be reduced to half the penalty.”

Criminal Procedure Code No. 5271 Notice or complaint regarding the crime in accordance with Article 158 To the Chief Public Prosecutor’s Office or to the Law Enforcement Offices can be made and Oral to be written or recorded can be made. CMK m.128, on the other hand, regulates the confiscation of the money in its bank accounts.

2. Why is Deposit Scams Qualified Fraud?

The perpetrator, who receives a deposit by giving fake advertisements, takes advantage of the convenience provided by internet advertisement sites and banking infrastructure. The Court of Cassation does not take this action as a simple fraud (art. 157), but by using information systems as a tool. Qualified fraud (m.158/1-f).

Supreme Court Criminal General Assembly, 11.06.2013, E. 2013/239, K. 2013/289

Conclusion: The action has been accepted as qualified fraud within the scope of Article 158/1-F of the TCK.

“Based on the quickness of information systems to reach many people at the same time and the ease they provide”www.sahibinden.com’In the incident that took place on the website named, the defendant, who showed the price cheaper than his peers and made an advertisement for the sale of vehicles, received 250 liras under the name of the complainant, who saw this announcement and called him by phone; By using the information system as a means, it should be accepted that the act constitutes the crime of qualified fraud regulated in subparagraph (f) of paragraph 1 of Article 158 of the TCK. In the decision, it is also stated that “since the deception of the information system cannot be mentioned, it is possible to apply this paragraph only if a person is deceived, that is, if he is defrauded by using this system as a tool”.

EVENT: The accused has posted a cheap priced vehicle for sale on sahibinden.com; He received 250 TL under the name of hood from the complainant, who saw the advertisement and called on the phone.

Principle of decision: Penalty General Assembly, internet advertisement site Reaching a large number of people at the same time taking advantage of the ease cheap price ad to deposit and take Use of information systems as tools counted. cheated here bilişim sistemi değil, insandır; The information system is a means of deception. Amount only 250 TL did not change the result.

How is it used in the app?: In the complaint petition, the victim should state based on this decision that the action is not m.157 but m.158/1-f. This characterization; The fact that the crime is not dependent on the complaint is that it is excluded from reconciliation and is decisive in terms of the lower limit of the penalty.

11th Penal Chamber of the Supreme Court, 17.10.2024, E. 2021/17211, K. 2024/11892

“Since the deception of the information system cannot be mentioned, it is possible to apply this paragraph only if a person is deceived, that is, if he is defrauded by using this system as a tool.”

Principle of decision: The principle of the General Assembly of Penalty is maintained in current jurisprudence: m.158/1-f, The deception of a person by using the information system as a tool applied in the form.

How is it used in the app?: Events where an information system is directly manipulated (for example, by entering the system and transferring money) benefits, may not be fraudulent, but may bring up other types of crimes such as TCK Article 244-245 or M.142/2-E. This distinction is important for the correct establishment of the elements of fraud.

Supreme Court Criminal General Assembly, 08.03.2016, E. 2015/1100, K. 2016/110

According to the summary of the decision, it has been stated that if both the information system and the media broadcasting tools are used in the action, the fraud provision will be applied by using the information systems containing the heavier penalty as a tool.

Principle of decision: If an action fits more than one qualified state (e.g. both the internet posting and the media) foreseeing a heavier punishment Bent is applied. The use of information systems as a tool (f clause) is among the aggravated subparagraphs with a lower limit of four years.

How is it used in the app?: In the events published in both the website and the newspaper or magazine, the qualification should be made through clause f.

NOTE: The source report does not contain direct quotations for this decision, but only a summary; The full text should be examined from the uyap.

15th Penal Chamber of the Supreme Court, 12.01.2015, E. 2013/6820, K. 2015/68

According to the summary of the decision, it is stated that the act of turning off the phone after posting a vehicle and receiving a deposit on the website is a crime within the scope of TCK Article 158/1-F, and that the acceptance of simple fraud is wrong.

Principle of decision: The action of the perpetrator who took a deposit via the internet posting and hung up the phone. Simple scam count it’s wrong.

How is it used in the app?: If the action is described as m.157 in the indictment or court decision, the victim (participant) should object to this characterization and apply for appeal.

NOTE: The source report contains only a summary.

15th Penal Chamber of the Supreme Court, 24.03.2014, E. 2012/13210, K. 2014/5435

According to the summary of the decision, the existence of cheating that can deceive in the crime of fraud and the provisions of the TCK article 158/1-f should be applied in obtaining benefits with the internet announcement.

Principle of decision: For fraud to occur a trickery trick must. Fake ad, vehicle photos of someone else and a believable sales scenario of this nature.

How is it used in the app?: The claim, which is frequently put forward in defense, “the victim would not be deceived if he was more careful” does not change the result when the cheat is suitable for deception.

NOTE: The source report contains only a summary.

3. How do scammers work? Common scenarios

When the events in the source decisions and the files in the application are evaluated together, the following scenarios stand out:

  • Cheap priced ads and deposits: The advertisement given at a price below its precedents, with the pressure of “There are many callers”, requesting a deposit, then turning off the phone (Court of Appeals CGK 2013/239; Supreme Court 15. CD 2013/6820).
  • Vehicle photos of someone else: Giving fake advertisements with photographs taken from a real advertisement or gallery, closing or replacing the line after the deposit is received (Hartiday 15. CD 2017/16702).
  • Title introduction: The seller introduces himself with a trusting title such as a soldier, police, doctor, public official working abroad (Hartiday 15. CD 2017/38071).
  • Shipping and Assurance Fee: “The vehicle will bring the transporter out of town; send the shipping fee and the security fee”.
  • Third party account: Sending the money to the Iban of another person who has used his account, not to the swindler (Cudgement 15. CD 2019/5262).
  • Unsold vehicle, non-refundable deposit: Events where the vehicle actually exists, but where it is not sold after the deposit is not sold and the money is not refunded (Hartiday 15. CD 2017/35669).

4. What should the victim do in the first hours?

Time works against you in despatch fraud: the money can be transferred to other accounts within minutes or withdrawn from the ATM, the ad can be deleted, the line can be closed. Therefore, the following steps the same day should be discarded.

StepAction to be takenExplanation
1. Notification to banksCall your own bank and recipient bankreport fraud; Report the transaction number, recipient IBAN and time, request a written notification record.
2. Preservation of EvidenceScreenshots and receiptAnnouncement url and number, full-screen image of the ad page, vendor profile, vehicle photos, call records, WhatsApp/SMS correspondence (exported) and bank receipt.
3. Notification to the ad siteComplaint to the platformNotify the posting and user account to the platform; Don’t forget to get your records before the ad is removed.
4. Criminal complaintChief Public Prosecutor’s Office or Law EnforcementComplaint by adding evidence with a written petition; Indicate your participation request.
5. Request to seizeCMK m.128Request that the balance in the account from which the money was sent be confiscated.
6. INVESTIGATION REQUESTSLog, HTS, Bank and Camera RecordsRequest IP and access records from the ad site, HTS records from the operator, the bank account holder’s identity, account transactions and ATM/Branch camera records.

Camera recordings are deleted in a short time

One of the strongest evidence in the determination of the person who withdraws the money is the ATM and Branch camera recordings. Since these records are kept in banks for a limited time, they are kept in the complaint petition. Immediate preservation of the camera records of the ATM or branch where the money was taken should be explicitly requested.

5. Complaint authority, procedure, reconciliation and statute of limitations

  • Complaint: Chief Public Prosecutor’s Office or law enforcement (CMC m.158/1). The complaint can be made orally to be recorded in written or minutes. A petition with written and evidences should be preferred.
  • Commitment to the complaint: Qualified fraud is not a complaint; When the prosecution finds the crime spontaneously Investigates. Abandoning the complaint does not reduce the public lawsuit.
  • Reconciliation: In accordance with Article 253 of the CMK, crimes within the scope of reconciliation include simple fraud (art. 157); Qualified fraud (m.158/1-f) is not subject to reconciliation.
  • CASE TIMEOUT: Ordinary statute of limitations for crimes whose upper limit is ten years in prison fifteen years (TCK art.66). However, since the evidence (camera records, IP and traffic records) is deleted in a short time, it should be done without waiting for the complaint.
  • Join: Victim, public lawsuit during the prosecution stage attendant can be joined as; This adjective gives the opportunity to resort to legal remedies against decisions.

6. Certified Court: 25.12.2025 Amendment

In the source report, the court in charge of the crime of qualified fraud pursuant to Article 12 of the Law No. 5235 criminal court stated that. This information not up to date.

The court has changed

Published in the Official Gazette dated 25.12.2025 and numbered 33118 Law No. 7571 (known as the 11th Judicial Package in the public) and the phrase “qualified fraud (art. 158)” in Article 12 of Law No. 5235 have been removed from the text of the article. So In the lawsuits filed after 25.12.2025, the crime of qualified fraud has entered the jurisdiction of the Criminal Court of First Instance.. The temporary article 7, which is added to the Law No. 5235 by the Law, provides for the transitional provision in terms of the files seen in the Heavy Penal Courts on the date of the change. The First Chamber of the HSK published its decision on this amendment in the Official Gazette dated 27.12.2025. How the transition provision will be applied to the ongoing files should be evaluated separately according to the stage where the concrete file is located.

15th Penal Chamber of the Supreme Court, 13.04.2017, E. 2017/940, K. 2017/9270

Conclusion: The judgment established by the Criminal Court of First Instance has been overturned in terms of duty.

According to the summary of the decision, the criminal court of first instance should have given a decision of non-jurisdiction in the case of the crime within the scope of Article 158/1-f of the TCK, while the trial was continued and the reason for the establishment of a judgment was made.

Principle of decision: The decision was determined by qualified fraud in the period before the Law No. 7571 In charge of the High Criminal Court shows that the task is related to public order.

How is it used in the app?: The principle of this decision It is no longer valid for lawsuits filed after 25.12.2025; The court in charge of these cases is the Criminal Court of First Instance. The decision is important only in terms of understanding the task discussion in the files opened before the change.

NOTE: The source report contains only a summary.

7. Evidence to be collected in the investigation

Detection of the perpetrator in the online deposit fraud, often depends on the evaluation of digital traces and bank records. The Supreme Court overturns the provisions established before the collection of these evidences on the grounds of incomplete research.

23rd Penal Chamber of the Supreme Court, 30.11.2016, E. 2015/10775, K. 2016/10210

It was emphasized that “…it is necessary to determine the IP number of the computer that is processed over the Internet and to determine whose name is logged in from the internet account registered with this IP number…”.

Principle of decision: To detect the perpetrator in fraud committed over the Internet IP number And this IP Who owns the internet subscription? dependence must be determined.

How is it used in the app?: The victim, the account that gives the announcement from the announcement site in the complaint petition Registration and entry threadsshould request the request for the dates and times on which the announcement was issued and issued.

15th Penal Chamber of the Supreme Court of Appeals, 09.02.2017, E. 2014/13595, K. 2017/5850

Conclusion: The verdict of conviction established by incomplete research has been overturned.

“…if necessary, after determining whether the person using the phone is the accused by listening to the other people with whom the accused has made a phone call according to the HTS records available in the file, all the evidences are evaluated together, and according to the result, the defendant’s legal situation, instead of the determination and discretion of the legal situation, The establishment of the provision…” was found to be unlawful. In addition, the decision also states that “…receiving the originals of the telephone subscription contracts used in the crime registered in the name of the accused and comparing the signatures in the signatures in the PTT payment receipt made with sufficient comparisons to be obtained from the accused and the signatures in the telephone subscription agreements in order to determine the truth in a way that leaves no room for doubt…” stated necessary.

Principle of decision: The line is registered in the name of the accused alone is not enough. Who actually uses the phone; HTS records, hearing the interviewees as witnesses and payment receipts and payment receipts Examination of signatures should be determined by

How is it used in the app?: From the perspective of the victim: In order for the investigation not to stop only at the line owner, it should be requested to examine the HTS records and base station information. From the point of view of the accused: The person who claims that a fake subscription has been opened may request a signature review based on this decision.

EvidenceWhere is it requested?What proofs?
Ad records, user information, IP and access logsAd SiteWho posted the ad from which link?
HTS and Base Station RecordsGSM Operators (via BTK)User and location of caller line
Subscription Agreement OriginalsGSM OperatorsWhether the line is actually taken by the accused (signature review)
Account holder identity, account movementsrecipient bankTo whom the money goes and where it is transferred
ATM and Branch Camera Records, ATM Logsrecipient bankIdentity of the person who actually took the money
WhatsApp and SMS correspondence, call logsvictim’s phoneCheating, Deposit Request and Benefit Procurement

8. Responsibility of the account holder and the line owner

In the deposit fraud, the line that is searched with the account that receives the money does not belong to the swindler, but to other people. The responsibility of these persons is determined by the nature of their contribution to crime and their castes.

15th Penal Chamber of the Supreme Court, 11.06.2020, E. 2019/5262, K. 2020/5414

“…As a result of the investigation, it was stated that the phone with which the participant was interviewed belonged to the accused, and the account to which he deposited the money belonged to the accused…”.

Principle of decision: Both in the investigation The call line as well as The account in which the money is deposited Owners were identified separately and tried as defendants. The responsibility of each is evaluated separately according to his contribution to crime and his intention.

How is it used in the app?: The victim should make his complaint not only about the “unknown person”, but also to include account and line holders.

NOTE: The result of the decision is not specified in the source report; The full text should be examined from the uyap.

A person who knows his account and makes use of scammers for benefit may be deemed to have participated in the crime of fraud. In the source report, it is stated that this responsibility is based on Article 158/4 of the TCK; This statement should be corrected: The basis of responsibility is the provisions of participation (TCK article 37, 39); m.158/4, on the other hand, regulates the reduction of the penalty, not the responsibility. From 31.07.2026, if the subsidiary is limited to the act of giving information or tools related to the account or payment instrument to someone else, the penalty is reduced by half. If the person whose account has been used, who does not know that he will commit a crime, does not have an intention, he does not bear criminal liability; However, the absence of this intent should be revealed with concrete evidence.

9. Attempt and effective regret

15th Penal Chamber of the Supreme Court, 20.05.2021, E. 2017/38071, K. 2021/5598

According to the summary of the decision, it was stated that the crime of attempting fraud occurred in the event where the money was not deposited, but in the event where the money was not deposited due to the fact that the money was not deposited due to the fact that the victim was suspicious and complained.

Principle of decision: Even if the victim is not deceived and does not send the money, if the perpetrator has started the enforcement actions. Attempted scams crime (TCK art.35).

How is it used in the app?: If there is a request for an advertisement and deposit that you are suspecting, you can also make a complaint without sending the money; This complaint also contributes to the protection of other victims.

NOTE: The source report contains only a summary.

effective regret

Pursuant to Article 168 of the TCK, the perpetrator, instigator or helper, by showing remorse in person after the crime has been completed, by returning the damage of the victim in the same way or compensating them. completely if it fixes:

  • Before the prosecution begins (at the investigation phase) In case of redress, the penalty up to two-thirds, ,
  • After the prosecution begins and before the verdict In case of redress, the penalty up to half downloaded.
  • Partially In order to apply the provisions of effective remorse in case of return or compensation, Victim’s Consent (TCK m.168/4).

Effective remorse does not bring down the case, it only reduces the penalty. For the victim, this provision creates an opportunity for the damage to be covered during the criminal proceedings; Whether the victim consents to partial payment is decisive in the implementation of the discount.

10. Recovery of money: penal and legal remedies

The criminal investigation aims to punish the perpetrator; The refund of the money to the victim does not occur by itself. To get the money back, the following ways should be evaluated together:

  • Confiscation of the money in the account: With the complaint, it is requested that the balance in the account be confiscated in accordance with CMK m.128. The confiscated money can be returned to the victim at the end of the trial.
  • Return through effective remorse: The defendants may want to cover the loss in order to benefit from the penalty reduction; This process should be followed through a lawyer.
  • Compensation case in civil court: A lawsuit can be filed against the swindler and the person who has his account, based on tort. The decisions of the Regional Court of Justice regarding the compensation liability of the person who has used the account are discussed in our article on leasing IBAN.
  • Precautionary lien: In the legal way, a precautionary lien may be requested on the assets of the account holder.

The co-ordinating of penal and legal remedies increases the probability of getting the money back, especially in the files where the account holder is detected and the assets are located.

15th Penal Chamber of the Supreme Court, 19.04.2021, E. 2017/35669, K. 2021/4439

Conclusion: The conviction was found to be correct.

According to the summary of the decision, it was found appropriate to make a conviction based on payment receipt, defense and declarations in the act of not selling the vehicle and not returning the money despite the deposit sent.

Principle of decision: The fact that the vehicle is not sold and the deposit is not returned may reveal the fraud intent when evaluated together with the payment receipt and declarations.

How is it used in the app?: In the face of the perpetrator’s defense of “I gave up on the sale, I was going to return the money” in such events, the requests made for the return and the answers given by the perpetrator should be kept as evidence. In cases where there is a real sales relationship and only the return of the deposit is delayed, it can also be discussed whether the dispute is legal or not.

NOTE: The source report contains only a summary.

15th Penal Chamber of the Supreme Court, 19.12.2019, E. 2017/9924, K. 2019/15274

Conclusion: The conviction has been approved.

According to the summary of the decision, in the complaint made upon the determination that the vehicle in the announcement did not belong to the accused, the conviction of qualified fraud was approved due to the action that was confirmed by bank records and statements.

Principle of decision: vehicle in the ad not belonging to the accused and bank records, has been accepted as sufficient evidence for the proof of qualified fraud.

How is it used in the app?: The determination of the real owner of the vehicle or the original advertisement from which the photos were taken is very effective in the proof of the fraud; Victim can find the original ad by making a reverse image search with their advertisement photos and present them to the file.

NOTE: The source report contains only a summary.

15th Penal Chamber of the Supreme Court, 25.05.2017, E. 2017/16702, K. 2017/11851

According to the summary of the decision, the actions of the defendants who turned off and changed the phone line after uploading the photos of the vehicles that did not belong to them on the sites and receiving them were convicted.

Principle of decision: Posting and depositing with someone else’s vehicle photos Turn off or replacing the line, are the strong indicators of fraud caste.

How is it used in the app?: The date and time of the line being closed should be evaluated together with HTS records.

NOTE: The source report contains only a summary.

15th Penal Chamber of the Supreme Court, 17.05.2017, E. 2014/24785, K. 2017/11058

According to the summary of the decision, it was emphasized that the act of taking a deposit in the sale of vehicles from the internet is within the scope of TCK m.158/1-f and that the linked files should be combined or the evidence should be summoned.

Principle of decision: If the same perpetrator has similar actions against different victims, Merging linked files or evidence must be brought.

How is it used in the app?: If the victim finds out that there are other persons who have been defrauded by the same advertisement, line or Iban, he should notify the prosecutor’s office; Bulk files facilitate the detection of the perpetrator.

NOTE: The source report contains only a summary.

Have you been scammed? The first hours are critical

Let’s plan the penalties and legal remedies together to request a criminal complaint, seizure request, request for bank and operator records and get the money back.

0505 390 25 48 — Call Nowtype from whatsapp

11. Before sending a deposit: Signs to consider

  • If the price is significantly below the market And if the seller is in a hurry by saying “there are a lot of callers”, be cautious.
  • without seeing the vehicle and verifying the seller’s license, the identity of the seller. Don’t send a deposit.
  • Whether the seller and the license holder are the same person check; If it is different, confirm that the sale will be made at the notary public and the license holder will be present.
  • The money is on the account of a different person from the ad owner. This is a serious warning sign if you are asked to send it.
  • The seller introduces himself with a title (Soldiers, policemen, overseases) are refraining from showing the vehicle and require additional payments such as shipping and security fees.
  • Reverse image search with ad photos Check if the photos are taken from another posting.
  • If possible, the platforms Secure payment systems Prefer; Pay the vehicle price at the notary public.

12. Why is the correct execution of the process in these files?

Detection of the perpetrator in the deposit fraud files and the return of the money depends on the steps taken in the first days. Camera records, IP and traffic records are kept for a limited time; Money can be transferred to other accounts in minutes. Correct qualification (m.157 not m.158/1-f), correct court (prison after 25.12.2025) and correct investigation requests prevent the investigation from resulting in a decision of “the perpetrator could not be detected”.

  • For the victim: Immediate seizure request, complete investigation requests, inclusion of account and line owners in the investigation, participation, effective remorse negotiations and the reparation of the remedy in the civil court.
  • In terms of the person whose account is used or whose name is opened: Evaluation of the absence of intent with concrete evidence, requests for signature examination, the quality of the participation (joint agency, helping) and the TCK article 158/4 reduction.

Regions we serve

2M Law Law Office is in Tuzla. Qualified fraud, IT fraud and IBAN rental investigations and prosecutions Istanbul Anatolian Courthouse with Gebze and Kocaeli We follow the files in the courthouses. On the Anatolian side Tuzla, Pendik, Kartal, Maltepe, Ataşehir, Kadıköy, Üsküdar, Ümraniye, Sultanbeyli and Sancaktepe; on the European side Bakirkoy and Esenyurt; in Kocaeli Gebze, Darica, Çayırova, Dilovası and IzmitWe are working in the files of the victim, suspect and accused.

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13. Frequently Asked Questions

I sent a deposit in the car ad on the internet, I was scammed. What should I do first?

First, call your own bank and the bank where the account you sent the money from, and make a fraud notification. Then, with the link of the announcement, screenshots, correspondence and receipt, file a complaint with the Chief Public Prosecutor’s Office or the law enforcement; Request that the money in the account be confiscated in your complaint.

What is the penalty for payroll fraud?

An internet announcement and a defrauding fraud committed using bank infrastructure are qualified fraudulent crimes by using information systems as a tool within the scope of TCK Article 158/1-F. The lower limit of the prison sentence is four years, the upper limit is ten years; Judicial fine cannot be less than twice the benefit obtained from the crime. If it is committed with three or more people, the penalty is increased by half, and if it is committed within the framework of the activity of the organization, it is increased by one fold.

I sent a little deposit. Still qualified fraud?

Yes. In its decision numbered 2013/239 E. of the Supreme Court of Appeals, the 250 TL deposit was considered as qualified fraud within the scope of Article 158/1-F of the TCK. A low amount does not change the nature of the crime.

Which court looks at?

With the Law No. 7571, which entered into force on 25.12.2025, the crime of qualified fraud has been removed from the jurisdiction of the Heavy Penal Court. The Criminal Court of First Instance is responsible for the lawsuits filed after this date; For the files seen in the Heavy Penal Court at that time, the provisional provision is foreseen.

Is there a complaint period? If I withdraw my complaint, will the case be dropped?

Qualified fraud is not a complaint; When the prosecution finds out about the crime, it investigates itself. Therefore, giving up the complaint does not drop the case. It is not within the scope of crime reconciliation. The statute of limitations for fifteen years; However, the complaint should be made immediately so that the evidence is not lost.

Can the bank freeze the money?

Banks may operate their own internal procedures on fraudulent reports; However, in order to legally block the money in the account, as a rule, it is necessary to seize it with the decision of a judge (CMK art.128). For this reason, the bank should immediately apply to the prosecutor’s office along with the notification and confiscation should be requested.

How do I get my money back?

The criminal investigation will not return your money automatically. The accused may want to take advantage of effective remorse by eliminating the damage; If the money in the account is confiscated, a refund can be requested. In addition, a lawsuit can be filed against the perpetrators and the person who has used their accounts in the Civil Court. Participating in the criminal case as a participant makes it easier for you to follow the file in these processes.

Is the owner of the account I sent the money to also guilty?

The person who knows his account and makes use of scammers for benefit can be deemed to have participated in the crime. Pursuant to Article 158/4 of the TCK, which entered into force on 31.07.2026, if the subsidiary is limited to providing information or tools related to the account or payment instrument only, the penalty is reduced by half; This provision does not remove the responsibility, it reduces the penalty.

What happens if the scammer returns the money?

Pursuant to Article 168 of the TCK, if the damage is completely remedied before the start of the prosecution, two-thirds of the penalty is reduced to half, if it is remedied after the prosecution begins and before the verdict is given. The victim’s consent is sought for a discount on partial refunds. Return does not drop the case.

Before sending the deposit, I was suspicious and complained. Does crime happen again?

Yes, it will be at the stage of attempt. In its decision numbered 2017/38071 E. of the 15th Penal Chamber of the Court of Cassation, it has accepted that the crime of attempted fraud has occurred through information systems in the event where the money was not deposited due to the suspect’s suspicion.

14. Decisions and Conclusions mentioned in the article

DecisionThemeBasic determination
Supreme Court CGK, E. 2013/239, K. 2013/289, 11.06.2013sahibinden.com Deposit250 TL deposit; TCK 158/1-F QUALIFIED FRAUD
Supreme Court 11. CD, E. 2021/17211, K. 2024/11892, 17.10.2024IT’S BAREDMan is deceived, not the system; The system is a tool
Supreme Court CGK, E. 2015/1100, K. 2016/110, 08.03.2016INFORMATION AND PRESS-BROADCASTHeavier Bent (Informatics) is applied (Summary)
Supreme Court 15. CD, E. 2012/13210, K. 2014/5435, 24.03.2014Cheat and 158/1-Fcheating conducive to deception; 158/1-F should be applied (Summary)
Supreme Court 15. CD, E. 2013/6820, K. 2015/68, 12.01.2015Turn off the phone after the depositSimple fraud acceptance is incorrect (Summary)
Supreme Court 15. CD, E. 2017/940, K. 2017/9270, 13.04.2017court of dutyIn the period before 7571, heavy penalty officer; The verdict of the first sentence is overturned (Summary)
Supreme Court 23rd CD, E. 2015/10775, K. 2016/10210, 30.11.2016IP DETECTIONIP and internet account owner should be determined
Supreme Court 15. CD, E. 2014/13595, K. 2017/5850, 09.02.2017HTS and signature reviewWho is using the line should be investigated; Incomplete research disruption
Supreme Court 15th CD, E. 2019/5262, K. 2020/5414, 11.06.2020Line and account holdersBoth were identified and judged
Supreme Court 15. CD, E. 2014/24785, K. 2017/11058, 17.05.2017Linked FilesRequires merge or summons (summary)
Supreme Court 15. CD, E. 2017/16702, K. 2017/11851, 25.05.2017Someone else’s vehicle photosline shutdown/change; conviction (summary)
Supreme Court 15. CD, E. 2017/9924, K. 2019/15274, 19.12.2019noncontendirConfirm with bank records; Confirmation (Summary)
Supreme Court 15th CD, E. 2017/35669, K. 2021/4439, 19.04.2021unsold vehicle, non-returned depositconviction is correct (summary)
Supreme Court 15. CD, E. 2017/38071, K. 2021/5598, 20.05.2021Complaint without sending moneyAttempted scam (summary)

Consequently, within the scope of TCK m.158/1-f It is qualified fraud by using information systems as tools.; The low amount does not change the qualification. Crime imprisonment from four to ten years and requires a judicial fine, not less than twice the benefit; Does not depend on the complaint and not subject to reconciliation. With the Law No. 7571 From 25.12.2025 Court in charge of lawsuits is a criminal court of first instance. victim; In the first hours, the banks should notify the banks, preserve the evidence, and complain to the Chief Public Prosecutor’s Office. seizure with IP, HTS, bank and camera recordings He should demand his summons and evaluate the penal and legal remedies together to get the money back. The responsibility of the persons who have used their account is determined according to the provisions of the participation; As of 31.07.2026, TCK Article 158/4 under certain conditions for these persons. penalty reduction predicts.

This article is for general information purposes and does not replace legal opinion for concrete files. A significant portion of the aforementioned decisions are included in the source report only in summary; Before being used in a petition or application, their full texts should be examined from UYAP or official decision databases.