问题 单项选择题

陈某在商场金店发现柜台内放一条重12克、价值4600元的纯金项链,与自己所戴的镀金项链样式相同。陈某以挑选金项链为名,乘售货员不注意,用自己的镀金项链调换了上述纯金项链。陈某的行为()。

A.构成诈骗罪

B.构成盗窃罪

C.构成侵占罪

D.构成诈骗罪与盗窃罪二罪

答案

参考答案:B

解析:

陈某趁售货员不备,以镀金项链调换纯金项链的行为属于秘密窃取他人财物,应构成盗窃罪。由于陈某在调换过程中没有虚构事实或隐瞒真相的意思表示,也没有使售货员作出错误的意思表示,所以陈某不构成诈骗罪,更不能构成两罪的想象竞合犯或者同时构成两罪。故选B。

阅读理解

Leave a camera on a mountaintop, and chances are, you'll never see it again. But 24-year-old Paul Bellis, a university student from Wales, believed that most people were better than that, and set up a creative experiment to test out his theory.

"I was speaking to a friend who said you can't trust anyone, anywhere these days," Bellis told the Daily Mail. "I didn't want to believe that so I set up this experiment to find out what might happen and prove you can trust people."

Billis decided to do an experiment by hiking up a mountain called Snowdonia, taking a photo, and leaving his camera behind. He also attached a note to the camera, asking other hikers to take photos of themselves and then leave the camera there until the roll of film (胶卷) was empty. He also included his address, in case someone would be nice enough to return the camera to his home after the roll of film was finished.

Four days later, Bellis got a visit from a Snowdonia park manager, who came to return his camera. After Bellis got the film developed, he saw that his fellow hikers and followed his instructions. Thirty people had each taken photos of themselves at the mountain. From viewing the collection, it was clear that all the hikers had enjoyed the experiment.

As for the park manager, Brian, "I found the camera and thought it had been lost until I saw the note," he said. "I was passing his home and just dropped it off. I' m glad that the photos came out very well."

小题1:The underlined word "that" in Paragraph 2 refers to __________.

A.the Daily Mail

B.Bellis' theory

C.the idea that Bellis would do the experiment

D.the opinion that we shouldn't trust people小题2:What can we know from the note Bellis attached to his camera?

A.The camera wasn't a missing one.

B.The roll of film had been used up.

C.Bellis was very kind to other hikers.

D.Bellis asked others to take pictures of him.小题3:Brian returned the camera directly because __________.

A.he wanted to be trusted by others

B.Bellis' home was on his way

C.Bellis asked him to do so

D.he wanted to have a look at the photos小题4: The experiment Bellis turned out to be __________.

A.unsuccessful

B.disappointing

C.encouraging

D.surprising

单项选择题