---
title: "Bank Fraud Defense"
url: "https://legal.ge/en/service/crim-criminal-law-en/bank-fraud-defense-en"
field: "Criminal Law"
description: "Unlawful obtainment of credit (Article 208): false certificate, targeted credit and damage — penalty up to five years, up to eight for state credit. Legal.ge."
reviewed: "2026-07-09"
updated: "2026-10-14"
publisher: "legal.ge"
---

# Bank Fraud Defense

> Source: legal.ge, https://legal.ge/en/service/crim-criminal-law-en/bank-fraud-defense-en

## 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.

The full text is available on legal.ge after signing in: https://legal.ge/en/service/crim-criminal-law-en/bank-fraud-defense-en

### What is unlawful obtainment of credit?

Providing a bank or creditor a false certificate of economic or financial condition to obtain, increase or make the credit preferential, or using a targeted credit contrary to its designation, where significant damage is caused.

### What penalty follows?

A fine or house arrest of six months to two years, or imprisonment of two to five years; for a state targeted credit — a fine or imprisonment of five to eight years.

### What role does damage play?

Significant damage is an essential element — without it the charge does not exist.

### Where are the weak points for the defense?

The unproven falsity of the certificate, the significance of the damage and the documentary picture of the designation.