In these acts, the defendants forged documents (the bill of lading bearing the forged bank stamp and the sales account bearing the forged stamp), used them and fraudulently received the goods through them, all under aggravated circumstances. All the acts were committed by the defendants together and with the aim of deceiving the supplier of the goods.
The indictment also claimed that defendant 4 received the goods with him knowing that they had been received in the crime. Defendant 4 received from defendant 1 an invoice dated October 14, 1999, issued by the Savilla Company, in the sum of NIS 2,953,548, for the supply of 204 computers, as a false reference for the purchase of the computers, knowing that it was a false and fictitious invoice, which did not represent a real sale transaction.
The prosecution's arguments regarding the seventh charge
- According to the prosecution, the goods that are the subject of the seventh indictment were released on September 1, 1999 by means of a false registration (P/84), to which was attached a bill of lading, bearing a forged stamp of duty (P/32).
Shlomo Arsban, the manager of the customs brokers' office, testified that it was Yehoshua Chelouche who handled the release of the goods, and even gave him the bill of lading bearing the forged stamp. Yehoshua Shlosh introduced the company ICT As a company under his management. Yehoshua Shlosh was also in telephone contact with David Cohen, the manager of the guarantee warehouse. The involvement of Defendant 1 is learned from the words of Chelouche in his recorded conversation with Defendant 3, Araldo Frizzi.
The goods, which are the subject of the seventh indictment, were released according to the false import license (P/84) and were transferred to defendant 4, by means of a series of invoices "back to back", as described on pages 185 and 186 of the prosecution summaries.
Whereas defendant 4 recorded the Svilla invoice in the books of the company OPCI (P/470) As an accounting and legal cover for the receipt of computers for his warehouses, he should have recorded in his books the payment of the purchase price.