问题 单项选择题

某国有公司出纳甲意图非法占有本人保管的公共财物,但不使用自己手中的钥匙和所知道的密码,而是使用铁棍将自己保管的保险柜打开并取走现金3万元。之后,甲伪造作案现场,声称失窃。关于本案,下列哪一选项是正确的(  )

A.甲虽然是国家工作人员,但没有利用职务上的便利,故应认定为盗窃罪

B.甲虽然没有利用职务上的便利,但也不属于将他人占有的财物转移为自己占有,故应认定为侵占罪

C.甲将自己基于职务保管的财物据为己有,应成立贪污罪

D.甲实际上是通过欺骗手段获得财物的,应认定为诈骗罪

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。本案中,甲是国有公司的出纳,满足贪污罪主体要件的要求,甲利用职务之便秘密窃取单位的现金3万元的行为成立贪污罪。因此,本题的正确答案是C。

选择题
阅读理解

阅读理解。

                                                  Mini  Book  Excerpts(节选)

Biography

    When Salinger learned that a car park was to be built on the land,the middle-aged writer was shocked

and quickly bought the netghboring area to protect it… The townspeople never forgot the rescue and

came to help their most famous neighbor. 

                             J. D.  Sulinger:A  Life by Kenneth Slawenski(Random House,$27)Mystery(疑案小说)

        "You're a smart boy.  Benny's death was no accident, and you're the only who saw it happen. Do

you think the murderer should get away with it ? "The boy was starting stubbornly at his lap again.

     A  thought suddenly occerred to Annika,"Did you …You recognized the man in the car,didn't you?"

     The boy hesitated, twisting his fingers,"Maybe,"he said quitely.

                                   Red Wolf by Liza Marklund(Atria Books, $25. 99)

Short Stories

     She wants to say to him what she has learmed,none of it in class. Some women are borm stupid,and

some women are too smart for their own good. Some women are born to give ,and some women only

know how to take.  Some women learn who they want to be from their mothers,some who they don't

want to be.  Some mothers suffer so their daughters won't.  Some mothers love so their daughters won't.

                              You  Are Free by Danzy Senna (Riverhead Books,$15)

Humor

    Do your kids like to have fun? Come to Fun  Times! Do you like to watch your kids having fun? Bring

them to Fun Times! Fun Times!'s "amusement cycling"is the most fun you can have,legally,in the United

States right now. Why spend thousands of dollars flying to Disney World when you can speng less than

half to that within a day's drive lf most cities?

                         Happy And Other Bad Thoughts by Larry Doyle(Ecco,$14. 99)

1. If the readers want to know about the lite of Salinger , they should buy the book published by_____. 

A. Ecco                                  

B. Atria Books    

C. Riverhead Books                        

D. Random House

2.  The book Hbppy And Other Bad Thoughts is intended for                

A. young children                          

B. Disney World workers    

C. middle school teachers                    

D. parents with young children

3.  Which book describes women with characters of their own?

A. Happy And Other Bad Thoughts      

B. J.  D.  Salinger:A Life

C. You Are Free        

D. Red Wolf

4.  After finishing the book Red Wolf, the readers would learn that               .

A. the boy helped arrest the murderer    

B. Benny died of an accident

C. the murderer got away with the crime    

D. Ammika carried out the crime