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My friend picked up an Apple 6 and asked me to sell it for him, which is illegal. Suspected of embezzlement.
Article 270 of the Criminal Law: Where the property of others in custody is illegally taken into one's own possession, and the amount is relatively large, and the amount is refused, a sentence of up to two years imprisonment, short-term detention or a fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given. Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.
However, this crime will only be dealt with if it is told. That is to say, if you have evidence and can determine the person who illegally took possession of your property, when you ask for it and the other party refuses to return it, you can directly sue the court to demand that the other party return it and pursue the legal responsibility of the other party.
The crime of embezzlement refers to the act of illegally taking possession of another person's property, forgotten property, or buried property for one's own custody for the purpose of illegal possession, and refusing to return it to the owner of a relatively large amount. The subject of this crime is a general subject, and any natural person who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime. The offence must be subjectively motivated by intent, i.e. unlawful possession of property, forgotten or buried property that is known to belong to another person for his safekeeping.
The object of the crime is limited to three types of property: first, the property of others kept on behalf of others; the second is the forgotten things of others, and the forgotten things are not equal to the lost things, nor are they the same as the abandoned things; The third is the buried objects of others.
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Lost property is unjust enrichment and should be returned to the owner. If the owner refuses to return it at the request of the owner, he shall bear criminal responsibility for the crime of embezzlement.
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Hello, it is a crime and is suspected of encroachment.
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You know it's picked up, and it's illegal to sell it again.
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Legal analysis: The act of picking up a mobile phone is not a crime in itself. However, whether or not you break the law after picking up your mobile phone depends on the specific situation.
If the phone is discarded by someone else, you can take ownership of it after you pick it up.
However, if the phone is lost by someone else, you are obligated to return it to its owner after you pick it up. At this time, it may be illegal to pick up the phone and not return it.
If the value of the mobile phone is not very large, and the owner of the mobile phone refuses to return it as his own, it is a civil unjust enrichment, and the owner can sue to claim it back.
If the value of the mobile phone exceeds a certain value, generally more than 5,000 yuan, and then it is late to take possession of it and refuse to return it, it may be suspected of embezzlement, and the owner can go to the court to sue for criminal private prosecution.
Picking up gold is the traditional virtue of the Chinese nation, I hope that when you encounter things like Chang Xun in the future, you can be anxious about what people are anxious about, helping others is to help yourself, if everyone can empathize with each other when encountering things, the world will become a better place!
Legal basis: "Criminal Law of the People's Republic of China" Article 270: Where the property of others in the custody of Dai Xunbu is illegally taken into his own possession, and the amount is relatively large, and he refuses to return it, he is to be sentenced to fixed-term imprisonment of not more than two years, short-term detention, or where the amount of a fine is huge, or where there are other serious circumstances, he is to be sentenced to fixed-term imprisonment of not less than two years but not more than five years, and a concurrent fine.
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According to the law, if you pick up someone else's lost property, whether it is a mobile phone or other items in Ant Town, you should take the initiative to return it to the owner or hand it over to the relevant departments. It is illegal to lose property by others without permission.
If you find an iPhone, you should take the initiative to contact the owner or hand it over to the relevant authorities so that it can be returned to its original owner. If you pick up an iPhone online or elsewhere**, you may face legal sanctions and moral condemnation. In addition, the proceeds of the mobile phone may also be considered unjust enrichment, and the owner of the phone has the right to demand that you return it.
In short, if you pick up someone else's lost property, you should take the initiative to return it, rather than privately**. This not only protects the rights and interests of the owner, but also helps to maintain social moral order.
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Generally speaking, your mobile phone was picked up, basically useless, from the social atmosphere of the current model Wu called, if others do not take the initiative to return to you, the possibility of you coming back is zero, even if you catch up to find that person to want, if that person dies and does not admit it, it is difficult for you to come back, most of the Dankai orange sedan chair people in their hearts pick up their own, of course, it is not excluded that it is not ignorant of picking up gold, after all, there are still good people, like somewhere, even if you see your mobile phone stolen with your own eyes, you go to care about the thief, The thief will also think that you are going to take his things, and you will not give them unless you are surrounded by enthusiastic people to help you.
Legally speaking, if your mobile phone is lost by yourself, after being picked up, you must pay a proper storage and search fee, and it is legal to ask for a small fee, and the report will not be accepted. If the person misappropriates, the right to claim will be lost. Article 112 of the Property Law When the right holder receives the lost property, it shall pay the necessary expenses for the custody of the lost property to the finder or the relevant department.
Where the rights holder offers a reward for finding the lost property, it shall perform its obligations in accordance with the promise when collecting the lost property. If the finder embezzles the lost property, he has no right to request the custody of the lost property and other expenses, nor does he have the right to request the right holder to perform its obligations as promised.
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Hello, someone else picked up my iPhone, can someone else still use it.
Hello, dear! If your iPhone has enabled the Find My iPhone feature and set a passcode, it will not be able to use your phone after someone else picks it up. Because after enabling the "Find My iPhone" function, even if someone else restores the factory settings, you need to enter your Apple ID and password to unlock the phone, otherwise the phone will become "stolen locked" status and cannot be used normally.
However, if your iPhone doesn't have the Find My iPhone feature enabled or doesn't set a password, it is possible for someone else to pick it up and use it. In this case, it is recommended that you contact Apple customer service as soon as possible to put your phone on the list of stolen phones to prevent others from using your phone maliciously. I hope the above can help you, I wish you a happy life!
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It should be fine, my family thief lost hundreds of dollars, a digital camera, the police don't care, who cares about a mobile phone.
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One is better than the other, and there are very few people who have been able to pick up money like that these days. If you pick it up, it's your life! If you lose the machine, you will be unlucky!
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It should be illegal, and there are such examples in the junior high school political book of the People's Education Edition. There is no height in morality, but there is a bottom line in the law. It's better to pay it back.
To others and to oneself, with a clear conscience. Maybe you'll be friends. And you empathize, you lost your own mobile phone, how anxious you should be.
Hope you can understand the answer in your heart! Wishing you happiness!
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Have you ever lost something important, you know where it is, and you don't want someone to give it to you. Just think about it, you know? If you are greedy for a small bargain, is it worth a few thousand yuan?
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Or do you give it back to someone else, you lost it when you tried it, are you in a hurry? Be kind, kid.
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To be returned, criminal detention is now required by law.
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Calculate! Because you illegally take possession of someone else's property.
It's too late for you to return it now.
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Pro, I quickly sold the horn, in case I found it, how embarrassing.
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It's okay, it's just the human aspect.
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You don't have to pay it back, it's rare to get a pie in the sky.
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Whoever violates the law should be returned to him immediately.
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It's not a crime, it's just a matter of moral character!
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Of course, if you call the police, you think about it, and it's a shame to take the phone back.
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Article 109 of the Property Law of the People's Republic of China Where lost property is found, it shall be returned to the right holder. The finder shall promptly notify the right holder to collect it, or send it to the public security and other relevant departments.
Article 110: Where the relevant departments receive lost property and know of the rights holder, they shall promptly notify them to collect it; and where they do not know, they shall promptly issue a notice of solicitation.
Article 111: Before the finder delivers the lost property to the relevant departments, the relevant departments shall properly keep the lost property before it is collected. Where damage or loss of lost property is caused intentionally or through gross negligence, civil liability shall be borne.
It's illegal to pick up something and keep it for yourself, whether it's an iPhone or not.
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Who would believe you picked it up? Directly contact the family and then return it, won't it be fine?
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Either give it back to him, sell it, or use it yourself.
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Not our thing.
I don't even want it for me.
In the evening, I will invite you to eat six yuan of spicy tang.
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