问题 单项选择题

李某系某建设银行某储蓄所的记账员,2002年3月20日下午下班时,李某发现木所的出纳员陈某将2万元营业款遗忘在办公桌抽屉内(未锁)。于是李某趁所内无人之机,返回所内将2万元取出,用报纸包好后藏在自己办公桌下的垃圾袋内,并用纸箱遮住垃圾袋。次日上午案发,赃款被他人找出。对上述内容下列哪一说法是正确的( )

A.李某的行为属于贪污既遂

B.李某的行为属于贪污未遂

C.李某的行为属于盗窃既遂

D.李某的行为属于盗窃未遂

答案

参考答案:C

解析: 贪污罪是指国家工作人员利用职务上的便利,侵吞、窃取、骗取或者以其他手段非法占有公共财物的行为。所谓利用职务上的便利是指利用职务范围内的权力和地位形成的有利条件,具体表现为主管、保管、出纳、经手等便利条件。所以,李某虽然是国有商业银行的工作人员,但是他窃取2万元的行为不是利用职务上形成的影响和地位,不符合贪污罪的客观方面。故李某仅成立盗窃罪。盗窃罪既遂的标准是失控说,即以被害人失去对财物的控制,并且该财物已置于行为人的实际控制之下作为犯罪既遂的标准。在该题中,李某已实际控制了这2万元,所以,李某构成盗窃罪(既遂)。故选C。

单项选择题
填空题


A patrol team of sea lions and dolphins featured in a large-scale military exercises being conducted by the U. S. and its allies in the Pacific Ocean. The machine (1) took part in simulated mine recovery and mine detection missions during the biennial Rim of the Pacific Exercise (RIMPAC) war games. The (2) started on June 19 and will run (3) Friday.
"There are a number of mechanical systems that work in those areas. (4) high-tech gadgets deployed by the military can’t (5) the natural skills of dolphins and lions," said Tom Lapuzza, spokesman for UN Navy’s Marine Mammal Program. Sea lions have "incredible good underwater (6) " and can dive down to 300 meters to catch a recovery line to a mine, he said. Dolphins use sonar to (7) mine.
Human beings have a long (8) of training animals to join the military. Horses have been the most widely-used animals (9) the recorded history of (10) . In early times, horses were used to (11) chariots or to (12) armored forces. With the development of modem weapons and motorized (13) , the use of horses for military purposes fell into (14) . (15) , horses were still used (16) by the German army during World War II for transporting (17) and equipment, including artillery.
During World War II, (18) with explosives strapped to their backs were used as anti-tank weapons. In other (19) , they were used for detecting mines. Some dogs were also used as messengers.
Other animals have also (20) in the military. Recorded history shows the use of elephants for military purposes as early as 1,100 B. C.. They were employed during World War II by both the Japanese army and the (21) .
There are records showing that over 100,000 reindeer were used by Finland to tow sleds during World War II. They carried the (22) to hospitals, brought supplies to the troops and moved heavy anti-tank weapons. It is well documented that oxen have been (23) used in war as improvised beasts of burden. During World War II, spiders were employed by the Allies to spin silk for (24) in cross-hairs on bomb scopes and other optical instruments. People also are finding that Vampire bats’ ability to use echolocation is very interesting as we (25) to learn how it works and it may benefit the army.