INTERNET FRAUD

INTERNET FRAUD: DEFINITION, APPLICATION, SUPREME COURT DECISIONS AND REGULATIONS IN THE TURKISH PENAL CODE

1. INTRODUCTION

Internet fraud is a type of crime that has increased with the rapid development of the digital world. Technological advancements have enabled criminals to target individuals and institutions in various ways to gain financial profit. This article will discuss the general definition of fraud, types of internet fraud, examples from practice, Supreme Court decisions, and relevant articles in the Turkish Penal Code.

2. GENERAL DEFINITION OF FRAUD

Fraud is defined as a person or group obtaining a financial gain by deceiving another person or institution. In fraud cases, the victim's will is influenced through trickery and deception, and the victim usually suffers financial loss. Article 157 of the Turkish Penal Code defines fraud as "deceiving someone through fraudulent conduct and obtaining a benefit for oneself or another at the expense of that person or another.".

3. TYPES OF INTERNET FRAUD

Internet fraud can be carried out in many different ways. Here are the most common types of internet fraud:

3.1. Phishing Phishing is a method used by scammers to try to obtain users' personal and financial information through fake emails or websites. Scammers pose as a trustworthy institution or individual, requesting sensitive information such as passwords, credit card details, or social security numbers from victims.

3.2. Online Shopping Fraud In this type of fraud, users are deceived through fake e-commerce websites or social media accounts. Victims pay for non-existent products, but the products are never delivered.

3.3. Investment Fraud Scammers lure people into fake investment opportunities with promises of high returns. In this type of fraud, victims often lose all their savings.

3.4. Social Engineering : Scammers use social engineering techniques to manipulate victims and trick them into sharing confidential information. This method is usually carried out via telephone or email.

4. INTERNET FRAUD IN PRACTICE AND SUPREME COURT DECISIONS

In trials related to internet fraud, courts generally carefully examine the elements of the crime of fraud. Here are some examples from practice and Supreme Court decisions:

4.1. Supreme Court Decision: Phishing Crime In the case file numbered 2019/6789 and decision numbered 2020/5432 of the 15th Criminal Chamber of the Supreme Court, it was determined that the defendants obtained credit card information from many individuals by sending fake bank emails. The court ruled that the defendants committed the crime of fraud through phishing and sentenced them to imprisonment in accordance with Article 157 of the Turkish Penal Code.

Turkish Penal Code (TCK) Article 157: Fraud. According to Article 157, a person who deceives someone through fraudulent conduct and thereby obtains a benefit for himself or another person, to the detriment of that person or another, shall be punished with imprisonment from one to five years and a judicial fine.

4.2. Supreme Court Decision: Online Shopping Fraud In the case file numbered 2020/1234 and decision numbered 2021/5678 of the 8th Criminal Chamber of the Supreme Court, it was determined that the defendants defrauded many people by setting up a fake e-commerce website. The court ruled that the defendants committed the crime of aggravated fraud under Article 158 of the Turkish Penal Code and sentenced them to severe imprisonment.

Turkish Penal Code (TCK) Article 158: Aggravated Fraud. Article 158 prescribes harsher penalties for aggravated cases of fraud, such as when public institutions and organizations are used as tools or when information systems are used. According to this article, those who commit aggravated fraud are punished with imprisonment from three to ten years and a judicial fine.

4.3. Supreme Court Decision: Investment Fraud In the case file numbered 2018/9876 and decision numbered 2019/4321 of the 11th Criminal Chamber of the Supreme Court, it was determined that the defendants persuaded many people to invest money in fraudulent investment projects with promises of high returns. The court ruled that the defendants committed the crime of fraud and sentenced them in accordance with Articles 157 and 158 of the Turkish Penal Code.

4.4. Supreme Court Decision: Social Engineering In the case file numbered 2021/3456 and decision numbered 2022/7890 of the 13th Criminal Chamber of the Supreme Court, it was determined that the defendants defrauded many people using social engineering techniques via telephone and email. The court sentenced the defendants to imprisonment in accordance with Article 157 of the Turkish Penal Code.

5. ARTICLES IN THE TURKISH PENAL CODE RELATED TO INTERNET FRAUD

The Turkish Penal Code comprehensively regulates fraud offenses and their commission via the internet.

5.1. Turkish Penal Code Article 157: Fraud Article 157 regulates the crime of simple fraud and determines the penalties for individuals who deceive someone through fraudulent conduct, thereby causing harm to themselves or others and gaining benefit for themselves or others.

5.2. Turkish Penal Code Article 158: Aggravated Fraud Article 158 regulates the aggravated forms of the crime of fraud, which require more severe penalties. These forms include situations such as using public institutions as tools, using information systems, and exploiting religious beliefs and feelings.

5.3. Turkish Penal Code Article 243: Unauthorized Access to an Information System. Article 243 prescribes imprisonment for individuals who unlawfully access and remain in an information system. This article is frequently applied in cases related to internet fraud.

5.4. Turkish Penal Code Article 244: Obstructing, Disrupting, Destroying or Altering Data in Systems Article 244 regulates the penalties for individuals who obstruct, disrupt, destroy, or alter the functioning of information systems. This article is frequently used in the commission of internet fraud crimes.

6. WAYS TO PREVENT AND FIGHT CORRUPTION

Various strategies and methods exist to combat and prevent online fraud:

6.1. Awareness and Education Raising awareness and educating users about internet fraud is critical in preventing such crimes. Awareness should be increased, particularly regarding fraud methods such as phishing and social engineering.

6.2. Security Measures Improving the security of information systems is a crucial step in combating internet fraud. Measures such as strong encryption methods, firewalls, and anti-virus software make fraud attempts more difficult.

6.3. Legal Regulations and Penalties Effective enforcement of legal regulations and the imposition of deterrent penalties on criminals play a crucial role in preventing internet fraud. Legislation needs to be updated and brought into line with international standards.

6.4. International Cooperation Since internet fraud is a cross-border crime, international cooperation and information sharing are of great importance. Coordination between countries should be established to develop common methods of combating fraud.

7. CONCLUSION

Internet fraud is a type of crime that has increased with the widespread adoption of the digital world. Effectively combating these crimes requires raising user awareness, enhancing security measures, effectively implementing legal regulations, and strengthening international cooperation. The conscious and determined action of all segments of society in this fight will enable us to achieve a safer digital world. It should also be remembered that internet fraud encompasses cybercrimes. Cybercrime is defined as "illegally obtaining or using, transferring, or reproducing programs, data, or any other element from an automated information processing system for the purpose of harming another.".

Osman Recep GÜLŞEN

Law Student Intern