In fact, if the other party takes money but does nothing after concluding the contract, it cannot be directly identified as contract fraud.
First of all, the other party's failure to act according to the contract constitutes a breach of contract. At this time, there is no doubt that if there is an agreed liability for breach of contract in the contract, the other party may be required to bear the liability for breach of contract in accordance with the contract. If there is no agreement, the other party may demand compensation for actual losses. If the other party fails to perform or bear the liability for breach of contract, it may bring a lawsuit to the court, terminate the contract and compensate for the losses.
Secondly, contract fraud is a criminal offence. If we want to identify contract fraud, the other party's behavior must meet the constitutive requirements of the crime, and we can't identify it just by taking money and not doing things.
The main difference between contract fraud and ordinary contract disputes is that the other party, for the purpose of illegal possession of property, defrauds money by fictional facts or concealing the truth in the process of signing and performing the contract, and the amount is large.
If the other party is unable to complete the entrusted matters, but then deceives the other party to complete them by itself, but does nothing after receiving the money, and the amount collected reaches more than 5,000 yuan, it can be considered as contract fraud. If the other party doesn't commit fraud, but doesn't do anything after getting the money, it can only be regarded as a breach of contract, not a crime.
Once the other party is suspected of contract fraud, the other party can only report to the public security organ for handling, but can't go to the court to ask the other party to bear the liability for breach of contract.
Both the crime of contract fraud and the crime of ordinary fraud must be intentional in the subjective aspect of crime, and negligence does not constitute a crime. However, the intentional time of the perpetrator of contract fraud crime is different from that of ordinary fraud crime: the intentional time of contract fraud can be the initial time of the perpetrator's implementation of the act, or it can occur in the process of other legal acts. In other words, it can be that the actor has the purpose of illegally occupying other people's property at the beginning of signing the contract, or it can be that during the performance of the contract, for various reasons, the actor deliberately used the contract to defraud. The latter case is a particularly prominent feature of the crime of contract fraud, with diverse forms and means, strong concealment and extremely meticulous and strict requirements for investigation and evidence collection; The crime of ordinary fraud is intentional at the beginning of the act, and the critical point of its crime occurs before the implementation of fraudulent means such as fictional facts and concealing the truth. In other words, after the crime of illegal possession of other people's property is deliberately produced, the perpetrator often deliberately puts it into practice through various fraudulent means. This is similar to the former contract fraud case.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 961 An intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides media services for concluding a contract, and the client pays the remuneration.
Article 962 The broker shall truthfully report to the client the matters related to the conclusion of the contract.
If the broker intentionally conceals important facts related to the conclusion of the contract or provides false information, which harms the interests of the client, he shall not ask for payment of remuneration and shall be liable for compensation.