1° by a public or ministerial official, a trustee in a collective procedure for the settlement of
debts, a company liquidator, a business agent, a commercial representative or any person who
manages the business of others, in the exercise or on the occasion of the exercise of his functions
or his profession ;
2° by a person appealing to the public in order to obtain, either on his own behalf or as director,
manager or agent of a company or a commercial or industrial enterprise, the delivery of funds or
securities by way of deposit, guarantee or securities.
Article 469: Shall be punished by imprisonment of one to five years and a fine of 300,000 to
3,000,000 francs or by one of these two penalties only:
1° the distrainee who destroys or misappropriates an item seized from him and entrusted either to
his custody or to the custody of a third party;
2° the debtor, borrower or third party pledger who destroys or misappropriates the item given by
him as a pledge,
3° the purchaser or holder of items or equipment which are the subject of a pledge, who destroys,
misappropriates or alters them in any way in order to defeat the rights of the creditor.
Article 470: Attempts to commit the offenses provided for in this section shall be punishable.
Section 3: Acquisition of another’s property by fraudulent means or violence
Article 471: Shall be punished by imprisonment of one to five years and a fine of 300,000 to
3,000,000 francs, any person, either by making use of a false name, false capacity or true
position, or by employing fraudulent maneuvers, to persuade of the existence of false
undertakings, of imaginary power or credit or to give rise to the hope or fear of success, or any
other fanciful event, causes to be delivered money, chattels or bonds, bills, promises or
discharges and has by any of these means defrauded the whole or any part of the property of
another.
If the offence was committed by a person who called on the public with a view to issuing shares,
bonds, vouchers or securities of any kind, either of a company or of a commercial or industrial
enterprise, the imprisonment may be increased to ten years and the fine to 10,000,000 francs.
Attempt shall be punishable.
Article 472: Shall be liable to imprisonment for a term of one to five years and to a fine of
300,000 to 3,000,000 francs, any person who makes an inaccurate or incomplete declaration with
a view to obtaining from the State or from a credit institution operating under the control of the
State either:
2° an undue payment or benefit of any kind;
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