After the man picked up the mobile phone, he refused to accept the owner’s 168 yuan red envelope and asked for a lucky number of 666 yuan.
After a man in Xi ‘an picked up the mobile phone of a foreign tourist, he expressed his willingness to return it and returned the red envelope of 168 yuan sent by the owner. If this is the end of the matter, it will be a warm-hearted good deed, but the man refused the red envelope not because he was "grateful", but because he wanted a "lucky number": "666 yuan or 888 yuan." To this end, Xiao Xie, the original grateful owner, was a little upset.
A few days ago, Xiao Xie, who worked in Beijing, went to Xi ‘an to play, during which she accidentally lost her iPhone6. Xiao Xie told The Paper that the mobile phone was not commonly used, so he didn’t find it lost until he returned to Beijing.
Fortunately, Xiao Xie got through to the lost mobile phone, and the picker offered to return it. To facilitate communication, Xiao Xie and the pickup "Little Leopard" added WeChat friends. On WeChat, Xiao Xie told "Little Leopard" that he could send his mobile phone by express delivery, so he didn’t have to bear the cost. At the same time, Xiao Xie gave a red envelope of 168 yuan to "Little Leopard" to express his gratitude.
After receiving the red envelope, "Little Leopard" said "nothing, welcome" and said "I will send it to you tomorrow." Xiao Xie thanked me again, and said, "This mobile phone is not worth much, but thank you very much for sending it back to me. Don’t worry, after you send it, I will definitely send you a red envelope to thank you. There are still many good people in society … …”
But after a while, "Little Leopard" returned the red bag of 168 yuan to Xiao Xie, and told Xiao Xie, "I can answer your phone, add your WeChat, and I will definitely send you the phone. It’s no use asking for your phone number. You send a lucky number … New Year’s Day. Believe me, just don’t believe me. "
The picker "Little Leopard" returned the 168 yuan red envelope offered by the owner Xiao Xie, asking for the "lucky number". Photo courtesy of respondents
According to Xiao Xie, he later communicated with Little Leopard on the phone and learned that the "lucky number" mentioned by Little Leopard was 666 yuan or 888 yuan. After some communication, Xiao Xie decided to give "Little Leopard" 666 yuan.
However, Xiao Xie was not comfortable in his heart: "I have taken the initiative to send him a red envelope of 168 yuan to thank him, and promised to send him another red envelope after receiving the mobile phone, but I didn’t expect him to ‘ Geely number ’ It costs so much money. I bought that mobile phone in 2016. I dropped it many times and changed the light screen three or four times. Now it is estimated to be worth several hundred dollars. If you can’t find it if you lose it, that’s all, but if you can get it back, you still want to get it back as much as possible. After all, you used it yourself. "
In order to prevent another accident, Xiao Xie decided to find a friend in Xi ‘an to help him get his mobile phone, and then gave "Little Leopard" 666 yuan. On February 19th, Xiao Xie’s friend saw "Little Leopard" in a community outside Zhongshan Gate in Xi ‘an. After transferring 666 yuan to the other party, he got Xiao Xie’s mobile phone back.
In recent years, due to the loss of mobile phones, news about the conflict between the owner and the picker has been reported frequently. In this regard, lawyer Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm, analyzed the legal issues involved.
Zhao Liangshan believes that Article 79, paragraph 2, of the General Principles of the Civil Law of China stipulates: "Lost property, drifting objects or stray animals shall be returned to the owner, and the expenses incurred therefrom shall be repaid by the owner." Article 112 of the Property Law stipulates: "When the right holder receives the lost property, he shall pay the finder or the relevant department the necessary expenses for keeping the lost property." Therefore, the lost property belongs to the owner, and the picker should return it to the owner.
According to Article 92 of the General Principles of Civil Law: "If improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the person who has suffered losses". If the picker does not return it, it will constitute unjust enrichment.
Zhao Liangshan said: "As for whether it is legal for the picker to ask for 666 yuan or 888 yuan, the key depends on whether the requested fee belongs to the actual cost incurred by custody. If the expenses are actually incurred due to the custody of the picker, it is legal. On the other hand, if there is no charge due to storage, the pickup person may violate the provisions of the Criminal Law on extortion and be suspected of extortion. If the factor does not reach the standard of conviction and sentencing, but the circumstances are bad, the public security organ may impose public security punishment on it according to the provisions of China’s Law on Public Security Administration Punishment. "