The deceased and Inmar were obligated to pay betterment and purchase tax respectively, and the defendant filed an objection to real estate taxation in a manner pretending to be in the deceased's name. On various occasions, Inmar paid Majda money in cash in the total amount of ILS 47,000 for the real estate. Majda, or anyone on her behalf, did not give Inmar a receipt for this amount.
On May 6, 2019, following the interrogation of the defendant by the police, on suspicion of committing real estate offenses, the defendant's objection was rejected by the Haifa Real Estate Taxation and no approval was given for registration in the land books.
In his actions, the defendant, with Majda's assistance, fraudulently received the sum of ILS 137,000 under aggravated circumstances.
The Facts of the Fifth Indictment
- At the relevant times of the indictment, Rafael Aryeh (hereinafter: "Rafael"), a resident of the United States, was registered as the owner of 4/8 parcels (representing an area of 4,322 square meters) in the land identified as Plot 17 in Block 11519, within the jurisdiction of the Daliyat al-Carmel Local Council (hereinafter: the "Real Estate"). There is no prior acquaintance between Rafael and the defendant and Majida.
At an exact date unknown to the accuser, during 2010, the defendant and Majda agreed that they would fraudulently sell parts of the land without Rafael's approval and knowledge, in order to receive the proceeds for the sale (hereinafter: the "Summary").
Subsequently, at an exact date unknown to the accuser, during 2010, the Razek base (hereinafter: "Razek") approached Majda, as part of its real estate brokerage practice, in order to purchase an area of land under the jurisdiction of the Daliyat al-Carmel Local Council. In accordance with her willingness to assist the defendant and in order to promote this, Majda presented herself to Rezeq, as authorized on behalf of Rafael, to sell a certain portion of the land, which constitutes 650 square meters, of the land (hereinafter: the "Lot"), according to an irrevocable power of attorney, which was expected to be signed by Rafael (hereinafter: the "Misrepresentation") and offered him to purchase the land. After negotiations regarding the terms of the transaction, Majda and Razek, who believed in the false representation, agreed that in exchange for the purchase of the ownership rights in the lot, Razek would transfer his ownership right in an area of 450 square meters, in the land identified as Block 11527, Plot 46 (hereinafter: the "Land"), in exchange for ILS 48,000 to Hasson Bassem (hereinafter: "Basem"). Later, as part of the misrepresentation, the defendant and Majda presented Rizek with a "sale agreement", in which it was stated that Rafael was selling the lot to Razak for ILS 48,000 and Majda was authorized by Rafael to sell the land by means of an irrevocable power of attorney (hereinafter: the "Sale Agreement"). On January 18, 2011, following the misrepresentation, Rezek transferred the ownership rights in the land to Basem.