问题 单项选择题

乙与丙因某事发生口角,甲知此事后,找到乙,谎称自己受丙所托带口信给乙,如果乙不拿出 2000元给丙,丙将派人来打乙。乙害怕被打,就托甲将2000元带给丙。甲将钱占为已有。对甲的行为应当如何处理

A.按诈骗罪处理

B.按敲诈勒索罪处理

C.按侵占罪处理

D.按抢劫罪处理

答案

参考答案:A

解析:[考点] 诈骗罪 诈骗罪是指以非法占有为目的,以虚构事实或者隐瞒真相的方法,骗取数额较大的公私财物的行为。诈骗罪与其他财产犯罪的一个重大区别就在于,由于行为人虚构事实或者隐瞒真相,使得被害人信以为真,以至于“自愿”将自己的财产交给行为人。题中,甲虚构了自己受丙所托带口信给乙,如果乙不拿出2000元给丙,丙将派人来打乙的事实,使得乙害怕发生这个事实,从而“自愿”将2000元交给甲。甲虚构事实的行为导致了乙将财物给甲的结果,因此审的行为构成诈骗罪。所以A项正确。 敲诈勒索罪表现为行为人采用威胁或要挟(多以言词等方法要挟)的方法,逼迫财物所有人、保管人就范,从而将财物交给行为人控制。在敲诈勒索罪中,发出威胁和获得财物的是同一个人。题中,甲谎称自己受丙所托带口信给乙,如果乙不拿出2000元给丙,丙将派人来打乙。乙害怕被打,就托甲将2000元带给丙,结果甲将钱占为已有,发出威胁的是丙而不是甲自己,而获得财物的是甲,因此不能构成敲诈勒索罪,B项错误。如果甲发出威胁,甲获得财产,那么甲就构成敲诈勒索罪。 根据《刑法》第270条的规定,侵占罪是指将代为保管的他人财物非法占为已有,数额较大,拒不退还的行为。题中甲从乙那骗取了2000元,这2000元不是甲代乙保管的财物;同样,这2000元的所有权属于乙,而不是属于丙,并且丙不知情,所以这2000元也不是丙交给甲代为管理的财物。因此,甲不构成侵占罪,C项错误。 根据《刑法》第263条规定,抢劫罪是指以暴力、胁迫或者其他方法抢劫公私财物的行为。以暴力、胁迫或者其他方法是指行为人为了劫取财物,而实施的暴力、胁迫或其他限制被害人人身的行为,从而迫使被害人交出财物。题中甲没有采用暴力、胁迫等方法迫使乙交出财物。因此,不构成抢劫罪,D项错误。

问答题 简答题
阅读理解

We can make mistakes at any age. Some mistakes we make are about money. But most mistakes are about people. “Did Jerry really care when I broke up(分开) with Helen?” “When I got that great job, did Jim, as a friend, really feel good about it?” “And was Paul friendly just because I had a car?” When we look back, these thoughts can make us feel bad. But when we look back, it is too late.

Why do we go wrong with our friends, or our enemies? Sometimes what people say hides their real meanings. And if we do not really listen, we miss the feeling behind the words. When someone tells you, “You’re a lucky dog!” Is he really on your side? If he says, “You’re a lucky guy!” That is being friendly. But “a lucky dog”? There is a bit of envy (嫉妒) in those words. What he may be saying is that he does not think you deserve (应得) your luck.

“Just think of all the things you have to be thankful for” is another phrase(短语) that says one thing and means another. It could mean that the speaker is trying to get you to see your problem. But this phrase contains the thought that your problem is not at all important.

How can you tell the real meaning behind someone’s words? One way is to take a good look at the person talking. Do his words fit the way he looks? Is what he says shown by the tone of voice?  The look in his eyes? Stop and think. The minute you spend thinking about the real meaning of what people say to you may save your another mistake.

小题1:When the writer thinks of some of the things that happened between him and his friends, he          .

A.feels happy, thinking how nice his friends are to him

B.feels he might not have understood his friend’s true feelings

C.thinks it a mistake to have broken up with his girl friend

D.is sorry that his friends let him down小题2:When the writer talks about the saying, “You’re a lucky dog!”, he is saying that          .

A.the speaker is just friendly

B.this sentence suggests the same as “You’re a lucky guy!”

C.the word “dog” should not be used to apply to(运用到) people.

D.sometimes the words show that the speaker is a bit envious.小题3:This passage tries to tell you how to          .

A.avoid mistakes about money and friends

B.get an idea of friendly people

C.avoid mistakes in understanding what people tell you

D.keep people friendly without trusting them小题4:The writer suggests that           should be trusted.

A.everybody

B.nobody

C.all the people

D.not all the people