Q: I was sold a phone by a fraud and now I don't know what to do
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Jun 5, 2016 11:08 PMby Rysz,You need to get the original owners of the device to set it up as New, following these directions: What to do before selling or giving away your iPhone, iPad, or iPod touch - Apple Support
If they can't, or are unwilling to do this, try to get your money back. There is nothing you, or even Apple, can do about this. The iPhone is useless to you. Sorry.
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Jun 5, 2016 11:06 PMby theratter,Nothing you can do but go to the police. We cannot help and neither can Apple.
It requires the Apple ID and password of the previous owner. If you don't have it and cannot get it, then the device is useless to you. Return it for a refund, if you can, or take it to an Apple store for an exchange provided they will help you.
Find My iPhone Activation Lock
In the future check first before buying second hand: How to check for Activation Lock before buying a used iPhone.
[Permission to use part or all of the above has been granted by Kappy, exclusively, to theratter.]
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Jun 5, 2016 11:21 PMby theratter,For the purposes of understanding:
Fraud
A false representation of a matter of fact—whether by words or by conduct, by false or misleadingallegations, or by concealment of what should have been disclosed—that deceives and is intended todeceive another so that the individual will act upon it to her or his legal injury.
Fraud must be proved by showing that the defendant's actions involved five separate elements: (1) afalse statement of a material fact,(2) knowledge on the part of the defendant that the statement is untrue,(3) intent on the part of the defendant to deceive the alleged victim, (4) justifiable reliance by the allegedvictim on the statement, and (5) injury to the alleged victim as a result.
Proving fraud is very difficult even when one is truly defrauded. What the OP described could more easily be considered misrepresentation which is often misunderstood as fraud.
As I suggested earlier the OP should just report it to the police who can follow through. The cost to pursue these people may be far more than it is worth unless you just wish to make a point regardless of cost.
