问题 单项选择题

王某利用计算机知识获取某公司上网账号和密码后,以每3个月100元的价格出售上网账号和密码,从中获利5000元,给该公司造成4万元的损失。对此,下列哪个说法是正确的

A.王某的行为构成盗窃罪,盗窃数额为5000元

B.王某的行为构成诈骗罪,诈骗数额为5000元

C.王某的行为构成盗窃罪,盗窃数额为4万元

D.王某的行为构成诈骗罪,诈骗数额为4万元

答案

参考答案:C

解析: 本题考查新型盗窃行为。最高人民法院《关于审理扰乱电信市场管理秩序案件具体应用法律若干问题的解释》第8条规定,盗用他人公共信息网络上网账号、密码上网,造成他人电信资费损失,数额较大的,依照《刑法》第264条的规定,以盗窃罪定罪处罚。另外,根据最高人民法院《关于审理盗窃案件具体应用法律若干问题的解释》第5条1款(10)项的规定,此种情形下,盗窃数额按合法用户为其支付的电话费计算。 本题中,王某利用计算机知识窃取某公司上网账号和密码后,出售该上网账号和密码,给该公司造成4万元的损失的行为构成盗窃罪;盗窃数额以该公司所受的实际损失额为准,而不是以王某的非法出售上网账号密码所得为准,故C项正确。

阅读理解

阅读理解

     About 70 scientists were working on a very busy project.All of them felt really desperate due to the

pressure of work and the demands of their boss but everyone was loyal to him and did not think of

quitting their job.

    One day,one scientist came to his boss and told him,"Sir,I've promised to take my children to the

exhibition going on in our township so I want to leave at 5:30 pm" His boss replied,"OK.You're permitted

to leave the office early today."

     The scientist started working.He continued his work after lunch.As usual, he got involved to such an

extent that he looked at his watch only when he felt he was close to completion.The time was 8:30 pm.

Suddenly he remembered his promise to the children.He looked for his boss but he was not there.Having

told him in the morning himself, he closed everything and left for home.Deep within himself, he was feeling

guilty for having disappointed his children.He reached home.The children were not there.His wife alone

was sitting in the hall and reading magazines.The_situation_was_explosive;any_talk_would_boomerang_on_him.His wife asked him,"Would you like to have coffee or shall I straight away serve dinner if you are

hungry?" The man replied,"If you would like to have coffee, I will have too, but what about the children?"

His wife replied,"You don't know?Your boss came here at 5:15 pm and has taken them to the exhibition."

     What had really happened was the boss who gave him permission was observing him working

seriously at 5:00 pm. He thought to himself:this person will not leave the work,but he's promised to take

his children to the exhibition.So he took the lead in taking them there.The boss does not have to do it

every time.But once it's done, loyalty is established.

     That is why all the scientists at Thumba continued to work under their boss even though the stress

was extraordinarily huge.By the way,can you boldly guess who the boss was?He was none other than

the mastermind behind India's successful nuclear weapons program,Dr.APJ Abdul Kalam,former

president of India.

1. The scientist asked for an early leave because________.

A. he felt increasingly desperate about his work

B. he meant to accompany his wife at dinner

C. the task at hand was close to completion

D. he'd promised to take his kids to a show

2. The underlined sentence implies that the scientist thought his wife was________.

A. dissatisfied with his coming home late

B. ready to serve dinner for him

C. grateful to his kindhearted boss

D. delighted to see him back home

3. The boss took the children to the exhibition________.

A. when it was too late for the scientist to do so

B. because the scientist was absorbed in his work

C. because he also wanted to see what was on show

D. when the man's wife asked him to do so

判断题