At a certain point, Yigal Fadlon informed defendant 5 that he wanted to suspend the import of goods from scratch, due to many expenses incurred by him. The defendant did not agree to this, because in this way his status as an agent might be undermined, and Repsa could deprive him of the franchise. After defendant 6 nevertheless decided to stop importing, defendant 5 was forced to locate another party to step into his shoes, and import the rest of the quantity he had committed to Opsa. All this is done in order to preserve the Agency in his hands. In one of the conversations with Defendant 1, Defendant 5 asked Uri Resch if he knew of a party that could replace Yigal Fadlon, by importing the balance of the quantity from zero. Defendant 1 told him that he represented the OPCI company belonging to Avi Kalamaro, and that he expressed his willingness to enter into a deal instead of Piccolo-Line. In this way, it was agreed that OPCI would import the balance of the quantity, and for this purpose the letters of credit would be opened in favor of Opsa.
According to Defendant 5, when Yigal Fadlon heard about the arrangement that was being formulated, he asked Defendant 5 to cancel it, but the latter refused and referred him to Uri Resch. According to Yigal Fadlon, he met with Uri Resch and agreed with him that he would purchase the goods that would arrive, after they were released from customs, all in order to preserve his status as the exclusive distributor of Piccolo Line. Defendant 5 was not a party to the agreement between defendants 1 and 6, and as far as he was concerned, there was no change in the activity, except for the fact that the initiator of the credit was OPCI.
After the arrival of the first shipment, Avi Kalmaro's bank refused to continue opening letters of credit, and therefore the following letters of credit were opened in a Kyrosel account at PAGI Bank, in exchange for a commission, for the use of the credit facility.
Upon the arrival of the documents from Reapsa to the bank of defendant 5, and after defendant 1 and OPCI fulfilled their obligation to open the credit, defendant 5 received the documents from the bank when they were returned, and even before the goods were released from customs, he handed over the documents to Uri Resh, and that was the end of his part. Defendant 5 claims that he is not connected to any shell company and has nothing to do with criminal acts, if any, at the stage after the departure of his products, he reset the factory gates on their way to Israel.