In the framework of this article, it is argued that, in art.190 PC RM the “illicit acquiring” notion has the genuine meaning of “defalcation”. There are brought important fulcrums in order to authorize the option that, swindle offence is a crime accomplished throughout defalcation. From the viewpoint of the objective side, the main difference between swindle offence and the offence prevented in art.196 PC RM, consists in the methodology of causing the material damages: in the swindle case, the victims patrimonial mass is diminished proportionally to the increasing of the offenders patrimonial mass; in art.196 PC RM offence case, the victim patrimonial mass stops increasing proportionally to the offender dodging the pecuniary obligations toward the victim; or, the victim patrimonial mass is diminished, however, without increasing the offender patrimonial mass.