Defendant 1 confirms that he asked Shlomo Metuk to transfer the receipts for the goods to him, in order to transfer them to the financiers, OPCI and Nofar Dynami. OPCI received the entire amount it transferred to the supplier for the goods, with one part received in the name of the ordering company, Mand Electric, and another part received in the name of the adoptive company, Plan, which raised the money through the sale of the goods to Schloss. Some of the proceeds from the sale of the goods remained in the hands of defendant 1 for the purpose of reimbursing the funds he had issued, through Nofar Dynamic, for the purpose of releasing the goods.
As part of Metuk's undertaking to Nofar Dynamic that the proceeds from the sale of the goods from Schloss to the customer would be transferred to the financiers, Defendant 1 asked Sweet to receive a check from Schloss's customer. Indeed, Metuk transferred to defendant 1 a check from Cherbus Trade Management and Consulting, which is a subsidiary or sister company of MIC, in the sum of NIS 130,000 (P/283). This check was intended for Schloss, was registered on the order of Nofar Dynamic and was converted with Shlomo Metuk's signature to be deposited in Nofar Dynamic's bank account. Defendant 1 claims that, apparently, against this check, Matuk issued an invoice on behalf of Schloss to MIC (P/192).
In light of all of the above, defendant 1 seeks his acquittal of the offenses attributed to him in the 13th indictment.
Defendant 1's arguments regarding Charge 14
- The details relating to this indictment were discussed in the framework of the 13th indictment, since it was a single order that was split into two shipments. Here, too, we are dealing with an order by Bekir, who ordered microwaves from the supplier from China through Mand Electric. All the processes carried out in the framework of the 13th indictment were repeated in this indictment as well, except that Schloss sold the goods to a customer called Kitchen Line. Here, too, it was argued that the goods were never owned by defendant 1, that he had no rights to the goods, and that he did not make any transaction with respect to these goods, directly or indirectly. Defendant 1 further claims that he was not involved in the release of the goods from customs, and to the best of his knowledge, it was Shlomo Metuk and Mario Weissman who managed the relationship with the customs broker, on behalf of Schloss.
Since defendant 1 was an intermediary in the credit transaction with OPCI, it was his responsibility to verify the repayment of the payment to the financiers. Therefore, he asked Shlomo Metuk to transfer the proceeds from the sale to him, in order to return the payment to the financiers, OPCI and Nofar Dynamic. Defendant 1 also confirms that he asked Metuk to deposit part of the money directly into OPCI's bank account, in order to refund part of the cost of the goods, and also instructed Metuk to deposit part of the money in the Nofar Dynamic account, with this part intended for partial offset of the debt, for the financing of the release taxes. The money was transferred by Kitchen Line check to Schloss's order, for the purpose of closing the debt to the financiers, and there are no profits from the sale of the goods.