III. Wrong Purpose or Friendly Loan - Summary
- This is the time to gather all my factual determinations, as part of the attachment, and examine whether the parts join them together into a complete, clear and incriminating picture, or whether it is a blurred and partial picture, which cannot be seen as a sufficient basis for a conviction in a criminal trial.
On the one hand, there is the prosecution's thesis that the transfer of the money to Ben-Eliezer should be viewed as a bribe payment given in the framework of a corrupt relationship that existed between the two, in which Ben-Eliezer assisted the defendant at various points in time.
On the other hand, there is the defense's version that the transfer of the money was carried out against the background of my friend, and in view of Ben-Eliezer's complex medical condition and the defendant's desire to help him move to an apartment that matches his needs.
- I am willing to agree that the defendant's decision regarding the transfer of the money to Ben-Eliezer Also affected The sense of closeness that the defendant felt to Ben-Eliezer, the connection that was created between them, his desire and ability to help Ben-Eliezer when he was in a complex medical condition, and also from the nature and generosity of the defendant who often enlisted to assist those who approached him for help.
"influenced" but not driven exclusively; "Also", but not "only".
It was proven that at the latest in late 2010, in view of the tax proceedings that were conducted in his case, an economic interest seeped into the relationship that existed between the defendant and Ben-Eliezer, when the defendant realized that proceedings might take place that might require the presentation of evidence and testimonies on the question of residency, a question that, if decided in his favor, would have led to the cancellation of a tax assessment in the amount of NIS 350 million. It was further held that this understanding should have led the defendant to think about how his claim would be proven, when Ben-Eliezer was perceived by him as someone who had been exposed to his personal and professional life in Russia and could support his claim about the center of his life.