Is it illegal to find a mobile phone in 500 yuan?

1.Is it illegal to find a mobile phone in 500 yuan?

1. Whether 500 yuan is illegal or not depends on the situation:

(1) If the mobile phone is found to pay, it is not illegal for the other party to pay voluntarily;

(2) If you find your mobile phone and want to hand it over, but the perpetrator refuses to return it, then you are probably suspected of embezzlement and need to bear criminal responsibility.

2. Legal basis: Article 270 of the Criminal Law of People's Republic of China (PRC).

In the crime of embezzlement, those who keep others' property illegally and refuse to return it in a large amount shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or fine; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.

Whoever illegally takes forgetting things and buried objects of others for himself and refuses to hand them over in a large amount shall be punished in accordance with the provisions of the preceding paragraph.

This crime can only be dealt with if it is spoken.

Article 3 17 of the Civil Code of People's Republic of China (PRC)

When the obligee receives the lost property, he shall pay the finder or the relevant department the necessary expenses for keeping the lost property.

Where the obligee offers a reward for finding the lost property, he shall perform his obligations in accordance with the agreement when collecting the lost property.

If the finder encroaches on the lost property, he has no right to demand the cost of keeping the lost property, nor has he the right to demand the obligee to fulfill his obligations as promised.

Second, what are the constitutive elements of the crime of embezzlement?

1, the object of infringement is the property ownership of others;

2. Objectively, it is the act of illegally taking possession of the property, forgetting things or buried objects entrusted by others, and refusing to return them in a large amount;

3. The subject of crime is the general subject;

4. Subjectively, it is direct and intentional, with the purpose of illegally possessing other people's property.