Well if Apple disclaimed the product then how was he to “know” it was an Apple product? What he did know was that Apple said it wasn’t Apple’s. If anything he sold it under the false pretense that it was an Apple product.
Well if Apple disclaimed the product then how was he to “know” it was an Apple product? What he did know was that Apple said it wasn’t Apple’s. If anything he sold it under the false pretense that it was an Apple product.
The law says nothing about selling under false pretenses. It says that you don't do it at all (either false pretenses or telling the truth) ... and since the value of the phone passes a certain value, they are committing a felony.
The issue of whether it's an Apple iPhone or not is not relevant to the crime committed. It doesn't matter that it's an iPhone and it doesn't matter that Apple said it wasn't theirs. That's because if a lost item doesn't belong to one individual (like Apple) and you get that answer saying that it's not theirs (like Apple) -- it's still illegal for the person to sell it and it's illegal for the other person to buy it under those conditions (even if it doesn't belong to Apple).
That's the crime.
The fact that it was an iPhone just made it "public news" -- it didn't make it "a crime"... doncha know ... :-) What they "did" -- made it a crime.