In its summary, the prosecution noted that defendant 4 allowed defendant 1 to open a letter of credit in the OPCI account, for the payment of the first order, which is the subject of indictment 8.
The lawsuit argues that OPCI was not involved in the transaction, because no business engagement was made between it and the other parties involved, and OPCI's accounting documents do not reflect the company's involvement in the matter.
In addition, the prosecution argues that it has not been proven that defendant 4 "... Be aware that OPCI is described in the letter of credit as the person in whose name the vendor's accounts were issued. It has certainly not been proven that he was aware of any of the criminal acts that were committed." According to the prosecution's approach, defendant 1 "used the name of OPCI for the purpose of fraud in Charge 8, without the involvement of Avi Kalamaro, other than his consent to open the first letter of credit, P/180."
Therefore, the prosecution seeks to acquit defendant 4 of the offenses attributed to him in Charge 8 of "full acquittal".
In light of this approach of the prosecution, I have no choice but to declare the acquittal of defendant 4, insofar as it relates to the offenses attributed to him in the eighth charge.
From here, I will move on to the case of Defendant 6, Yigal Fadlon.
There is no dispute that it was defendant 6 who released the goods from customs according to documents he received from defendant 1, and as he said in his statement of 30 October 2000 (P/346) "... I know that I receive the invoices I receive for the purchase of goods from the Savilla company, as well as the documents related to the imports of the Danidov company. I receive from Uri Resh and I am the one who transfers them to the customs broker I work with, 'Shai Customs Brokerage.'"
Defendant 6 confirmed that, from the outset, he used to import the goods from Ofsa directly, but when he learned from Defendant 1 that Ofsa products arrived in Israel "in a different way", he decided to purchase the products, at the same price as he originally bought them.