As to the claim that straw companies were used, defendant 1 claims that the companies Schloss and M.R.L.D. are not straw companies, and it has not even been proven that they were under the control of defendant 1.
With regard to the wording of the commercial terms in the documentary credit, defendant 1 claims that these stemmed from the customer's demands, and in this case the ordering of the goods, Avi Kalamaro, was required to comply with the terms of the tender of Bezeq, for which the goods were ordered. He is the one who set all the conditions regarding the delivery dates and the manner of delivery of the goods in question. Since compliance with the terms of the tender was an insurmountable condition, Avi Kalmaro clarified to defendant 1 the great importance of the letter of credit ensuring that the supplier would meet all the commercial conditions, as required.
As to the claim that spelling errors and errors in names were implanted, in order to impede the repayment of the letter of credit, defendant 1 argues that it is not necessary that the names in the various documents should be identical, and there is no reason for the doubter to confuse the names. He must act to record in each and every document the name requested by the client. In any event, the doubter is presumed to have read all the terms that appeared in the documentary letter of credit, P/374, and approved their contents. In addition, in the present case, it was proven that prior to the opening of the documentary credit, the supplier received an order confirmation document as well as a draft of the letter of credit.
With regard to the prosecution's claim that the defendant objected to the removal of the reservations despite the release of the goods, defendant 1 responds that he did not have such authority, but rather that he acted as an advisor to Calderon, and that he was supposed to make an independent decision that he forwarded to the bank. Indeed, in the present case, defendant 1 advised Calderón not to remove the reservations, since the orderer Calderón did not pay and does not intend to pay the cost of the goods to Calderón, as part of the letter of credit. Kalmaro was the one who released the goods, which were sold to Bezeq, and defendant 1 only provided procedural release services and financing the costs of the release.