Unlawful Obtainment of Credit — the Corpus Delicti and the Defense
A charge of unlawfully obtaining credit is one of the frequent criminal issues connected with business activity: providing a bank or other creditor a false certificate of economic or financial condition in order to obtain credit, increase its amount or obtain preferential credit, as well as using a targeted credit contrary to its designation — where this has caused significant damage. This page explains the elements of the corpus delicti, the sanctions and the defense strategy.
Distinguishing this charge from general fraud is important: here the case concerns the accuracy of banking documentation, the designation of the credit and the reality of the damage, not the deception of an investor on the market. Correct qualification directly determines the boundaries of the punishment.