In the case before us, there is no difficulty in relying on the defendant's admission regarding the number of customers for whom he managed the account, which inspires confidence when it stands on its own and from within it. The aforementioned document includes the names of the witnesses who testified at the trial that the defendant confirmed were part of the clients for whom he maintained an account, so that there is a crossover between the two. The list is accompanied by the defendant's statements in his interrogation, which include details regarding some of the names, which attest to the veracity of the list. To this must be added the defendant's refusal to relate to the document in a substantive manner. In addition, the evidence contains many external indications as to the truth of the matter.
It should be noted here that the said list included 50 names, but the accuser attributed to the defendant management of 35 clients. The accuser explained in her summaries that she had taken extra care after cross-checking the list in the original with data from the merchant's arena.
- The conclusion from all of the above is that the accuser has lifted the burden imposed on her and proved beyond a reasonable doubt that the defendant committed the offenses attributed to him in the second charge - managing cases without a license under section 39(a)(1) of the Counseling Law and multiple offenses of offering to provide unlicensed case management services, under section 3A together with section 39(b)(12) of the Counseling Law.
- The third charge - referral to a merchant arena that is not supervised in Israel
- In the third charge, the defendant is charged with the offense of prohibiting an offer to trade in an unauthorized trading arena, according to section 53(b)(6)b of the N.A. Law, which states as follows:
“)b) A person who commits one of the following shall be sentenced to two years' imprisonment or a fine of two and a half times the fine as stated in section 61(a)(4) of the Penal Law, and if he is a corporation, twelve and a half times the fine as stated in that section: