Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 55

In summary, it was claimed in the prosecution's summaries, the defendants created a false representation towards the supplier, according to which the ordering company was M.R.L.D., which is supposedly a legitimate company, and thus a false representation of the identity of the ordering party was proven.  It was also proven that the drafting of the letter of credit by defendant 1 was done in accordance with the order of M.R.L.D., which, as stated, is an inactive shell company, and thus a false representation was presented as to the fact that the ordering party was a legitimate commercial company.  The letter of credit was drafted in a manner that could mislead the supplier, and with the aim that the bank would not honor the obligations relating to this letter, thus misrepresenting the intention to pay for the goods and even proving the fraudulent intent.  It was also proven, in the opinion of the prosecution, that the letter of credit was drafted in such a way as to enable the release of the goods, even if the letter of credit would not be honored, thus proving fraudulent intent.  It was also proven that the defendants received the bill of lading prepared for the order of M.R.L.D. and Avi Kalmaro by misleading the doubter as to the relevant details.  All of the aforementioned offenses, in the prosecution's opinion, were committed under aggravated circumstances, because they are very sophisticated and are offenses that are part of an ongoing and serial criminal sequence.  The prosecution argues that it has proven its claim that defendants 1 and 4 fraudulently received the goods, with the intention of not paying the consideration and knowing that the letter of credit would not be honored.  It was proven that defendant 1 instructed the bank not to remove the reservations and to return the documents, even-Although he submitted the receipt for the release of the goods, and here too fraud was committed under aggravated circumstances.  The prosecution claims that it was proven that the defendants used forged documents for the purpose of releasing the goods and even committed various offenses against The Customs Ordinance and the law From the"From.  In light of the above, the accuser seeks to convict the two defendants of all the offenses attributed to them.