Colleague reported for embezzlement, does not want to be liable for damages. What to do?

My
- in Mate series
14

I loaned my colleague my Huawei Mate 10 pro in November 2019 because he no longer had a cell phone and wanted to get a new one. I had saved important pictures in the safe anyway because I didn't know how to save them. I gave him the cell phone and he used it. I asked him several times when he had time so that I could finally take out my files and it was always called the days or at the weekend. At some point in early June he came to me with the truth that he supposedly forgot my cell phone on the train in early March. He said that only after I printed several times and said that I would otherwise show him. Then I went to the police, made a complaint and after telling the truth I had to go to the police again to report the loss of my cell phone. But I want him to give me more than 200 euro for a cell phone that he used for months, sold me for stupid and made me think I would overdo what I said all the time 'have the feeling that you did something with my cell phone. He could have told me the moment after "forgetting" it on the train. But he didn't write anything. He didn't tell me that he bought a new cell phone, nor did he tell me that he buys a cell phone every day, GARNICHTS! If he had arrived directly with it I would not be in a mood for it but that after 3 months I only have to find out that he has not had my cell phone since March and messages like 'your cell phone is in my room' or 'it can be late but your cell phone is in the car, bring it over to you later 'wrote' makes me so angry! Then he just resets my cell phone. With what right does he set a cell phone what is his property, but just RENT back?! Apparently he didn't know anything about the pictures and videos, but he himself says I should come over the weekend. He contradicts many of his sentences and I have asked 350.00 euro which is apparently too much for him but the net is a lot because he simply resets my cell phone, doesn't even tell me that he has a new cell phone and doesn't write how 'have a new cell phone every day, then you can get yours again'. He didn't even report the loss to the police and why do you reset something? Apparently he didn't forget or lost it but sold it! He says the cell phone was in the original box with all the accessories! Who is carrying a cell phone with an original packaging around?

Ob

I think the colleague put you in there and sold the cell phone. In a figurative sense, you will now have to pay tuition. Therefore: You don't lend your wife, your car and your cell phone.

My

Why do I have to pay tuition please?! Am I the one who allegedly lost my cell phone but did something else with it!

Ob

You don't really have to pay anything, but you suffered damage because you had too much trust - that's what I mean by "paying tuition".

My

I see. I hope that he has to do something instead of running away like an innocent person who only got a cell phone and gets away with the lie

am

The cell phone is gone the money is gone the friendship is gone

My

I don't care about friendship after being fooled by me!

St

How many times do you want to ask the question, did you also ask the question identically via other accounts?

You have reported him and if he has been convicted you can sue him for damages under civil law, since he will only have to reimburse the current value.

My

I only asked the question once and deleted my profile, then created a new one! How am I supposed to know if he's even convicted?! Can't call the police and ask or why it takes so long to get a post

My

And what should I understand by 'he will only have to reimburse the current value'?

St

Quite simply, you will be reimbursed for what the cell phone was worth at the time you gave it to it.

You get mail from the public prosecutor's office, he will get a criminal order there, that won't go to court.

My

At the time, the value of the smartphone was over 300.00 euro and he says he only gives me 200 euro because you can currently buy it for 250.00 euro on the Internet. What happens to a penalty order or how does it come about, is the display the first thing you do?

St

A penalty order is issued if the matter is clear, for example if he has confessed, then a penalty will be set without a court hearing.

https://www.real.de/product/348667454/

put the 30 euro on it yourself and you have a new one and the thing is done!

My

Who knows if he will stand by at all instead of lying to people that he supposedly forgot about it on the train. Why should I buy the cell phone again if it has reset mine with full memory and the most important pictures and videos on purpose? I want money as compensation instead of always having to think that I have entrusted my old one to someone and what was on there with me

St

Yes ok, then do what you want, I'll be out of here too