问题 单项选择题

魏某系收购废旧物品小贩,他答应某钢铁厂的青年工人赵某:如果赵某从厂里偷出钢锭,她将如数收购。赵某遂陆续从厂内共偷出价值3000元的钢锭交于魏某。二人的行为属于:

A.赵某构成盗窃罪,魏某构成销赃罪

B.属于共同盗窃

C.魏某构成盗窃的教唆犯和销赃罪,赵某构成盗窃罪

D.魏某构成盗窃罪,赵某构成贪污罪

答案

参考答案:B

解析:根据《刑法》第312条的规定,窝藏、转移、收购、销售赃物罪,是指明知是犯罪所得的赃物而予以窝藏、转移、收购或者代为销售的行为。但是,与犯罪分子事前有通谋,事后对赃物予以窝藏、转移、收购或者代为销售的,应当以共同犯罪论处,而不构成本罪。因此,赵某和魏某属于共同盗窃。

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单项选择题 A1/A2型题