Taking advantage of "taking advantage of his position" means that the actor takes advantage of his authority and position in the company, enterprise or other units to form favorable conditions. As for taking advantage of the position, work or labor activities, and taking advantage of the working relationship, familiarity with the criminal environment and easy access to property, stealing and defrauding the property of the unit does not belong to taking advantage of the position and does not constitute the crime of occupation! .
1. This behavior should be classified as theft.
While the office was empty, Wu Mou opened the drawer with the key left by the manager on the desk, tore off three blank checks and stole the company seal and the manager seal. The price determination of theft can be based on the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Theft Cases (1998) No.4: "(2) Valuable payment vouchers, securities and negotiable instruments are calculated according to the following methods: 1. Negotiable, non-loss-reporting negotiable payment vouchers, negotiable securities and negotiable instruments. The stock is calculated according to the average trading price of the stock announced by the stock exchange on the day of theft. 2. Registered negotiable payment vouchers, negotiable securities and negotiable instruments, the par value of which is fixed, can be cashed immediately, such as current passbook, expired time passbook, filled cheque, bill of lading that can be picked up without proof, etc., shall be calculated according to the par value and the interest due at the time of committing the crime or the value of the goods that can be picked up. If the face value is undetermined but cashed, it shall be calculated according to the actual cashed property value; Those that have not been cashed can be used as circumstances for conviction and sentencing. Registered payment vouchers, securities and bills that cannot be cashed immediately, or payment vouchers, bills and bills that can be cashed immediately have been destroyed or abandoned, and the owner can avoid actual losses by reporting the loss, reissue them or completing the formalities. The face value is not used as a standard for conviction and sentencing, but it can be used as a plot for conviction and sentencing. " It can be seen that the crime of theft is based on judicial interpretation.
2. This behavior should be defined as bill fraud.
The reason is that Wu Mou's behavior finally violated the bill management system and the ownership of public and private property. When the actor illegally accepts, he first disrupts the financial management order and destroys the bill management system; Secondly, it violates the ownership of public and private property, which is in line with the crime of bill fraud. After the actor steals the bill, he can only accept it in a bank or other financial institution as the holder of the bill. His behavior first violated the bill management system, and the act of using someone else's identity is a fictional fact. The actor got the bill secretly. It is in line with the characteristics of bill fraud that banks voluntarily hand over bills when accepting them, and should be convicted and punished for bill fraud.
If it is a multiple-choice question, AC is undoubtedly, but if it is a single choice, individuals are more inclined to choose A.