On December 5, 2012, following the misrepresentation, Fatma transferred the defendant the sum of ILS 4,000 in cash for the registration of the land in her name at the Land Registry Office. The defendant did not perform any action on behalf of Fatma relating to the land.
The defendant sent a hand, together with Majda, in the sum of ILS 244,000, which was received from Fatma, fraudulently, for his own use, without her knowledge and approval.
The Facts of the Third Indictment
- At the relevant times of the indictment, Majda was registered as the owner of 1,500/172,219 parcels (representing an area of 1,500 square meters) in the land identified as Plot 38 in Block 11520, within the jurisdiction of the Daliyat al-Carmel Local Council (hereinafter: the "Real Estate").
On a date that is not known to the accuser, close to 1 March 2008, Yaniv Abud (hereinafter: "Yaniv") approached Majda in order to purchase a portion, which constitutes 500 square meters, of the land (hereinafter: "the plot").
On March 1, 2008, Majda and Yaniv agreed that Majda would sell the plot to Yaniv in exchange for ILS 25,000 (hereinafter: the "Transaction"), and a sale agreement was signed between the two according to the details of the transaction (hereinafter: the "Sale Agreement"), in the presence of Adv. Shafaa Sheikh Abbasi (hereinafter: "Adv. Abbasi"), who represented Yaniv in the transaction.
At that time, Majda signed a request to register a warning note on an undertaking to make a deal with Yaniv in part.
On March 23, 2008, Adv. Abbasi, pursuant to a power of attorney from Majda, submitted to the Land Registry Office in Haifa, inter alia, the sale agreement and the request to register a warning note. Based on all of this, a cautionary note was immediately registered in favor of Yaniv's share in the land registry. Shortly after the warning note was registered, Adv. Abbasi ceased to represent Yaniv in the transaction.
On a date that is not known to the accuser exactly, and on February 17, 2009, the defendant or anyone on his behalf forged a bill of sale according to which Majda was transferring 450 square meters of the land to Yaniv, by signing it with a signature that appeared to be Yaniv's signature (hereinafter: the "signature"), without Yaniv's knowledge and without lawful authority and with the intention of illegally receiving, for Majda, 50 square meters of the land (hereinafter: the "Deed of Sale"). In addition, the defendant verified the signature on the deed of sale, by virtue of his qualification as a lawyer, and confirmed on the deed of sale, that he had examined the details appearing in the deed of sale and the documents attached to it, and found them suitable and worthy of the requested transaction.