在司法实践中很多人都对存在欺诈行为的合同诈骗与合同欺诈这两个概念不清楚,往往将其混为一淡,适用的错误产生了不同的法律后果。有这样一个案例。孟生经朋友介绍认识了粤捷物流服务有限公司的总经理王康。王康对孟生讲,他们公司是做拖车运输生意的,自有拖车14台,场地2万平方米是其买断的,有效期50年。王康劝说盂生出资10万元购买一辆拖头车交给其公司经营,他负责车辆的管理、使用、维修,每月固定支付孟生8000元利润,如果违约则支付1万元的违约金;合作期限一年,到期由双方决定是否续期,若不续期,王康一次性退还投资款10万元,车辆所有权归他所有。孟生被他说动,就在2004年4月14日签订了合资协议,交给王康10万元购车款。王康买了一辆不 In judicial practice, many people often confuse the two concepts of contract fraud and contract fraud that exist for fraudulent practices. The mistakes made have different legal consequences. There is such a case. Meng introduced by a friend met Yuejie Logistics Services Ltd. Wang Kang, general manager. Wang Kang told Meng Sheng that their company is a trailers transport business, its own 14 trailers, 20,000 square meters site is its buyout, valid for 50 years. Wang Kang persuaded Muan to pay 100000 yuan to buy a tow truck and give it to his company. He was responsible for the management, use and maintenance of the vehicles, paid a monthly fixed profit of 8,000 yuan for Mengsheng, and paid a default of 10,000 yuan for breach of contract Gold; cooperation period of one year, the expiration of both parties decide whether to renew, if not renewed, Wang Kang a one-time return investment of 100,000 yuan, ownership of the vehicle owned by him. Meng Sheng was moved by him, on April 14, 2004 signed a joint venture agreement to Wang Kang 100,000 yuan car models. Wang Kang bought a not