Can the mobile phone be considered as forgetful in this case? Correctly speaking, B’s behavior is theft, and the mobile phone is unjust enrichment. As for whether it constitutes the crime of theft,

Can the mobile phone be considered as forgetful in this case? Correctly speaking, B’s behavior is theft, and the mobile phone is unjust enrichment. As for whether it constitutes the crime of theft, it remains to be seen whether the value of the mobile phone is within the scope of filing the case. For theft that does not constitute a criminal case, that is, a violation of the Public Security Management Punishment Regulations, according to Article 23 of the Regulations, if one of the following acts of infringement of public or private property is not enough for criminal punishment, he shall be sentenced to not more than 15 days Detention or warning may be imposed, and a fine of not more than 200 yuan may be imposed, including theft, fraud, and robbery of a small amount of public or private property. According to the provisions of Article 264 of the Criminal Law, the act committed by the perpetrator for the purpose of illegal possession is called the crime of theft. If a person secretly steals public or private property in a relatively large amount or steals public or private property multiple times, a case should be filed. (According to the judicial interpretation of the Supreme People's Court, the filing standard for criminal theft cases is "500-2000", and each place generally has its own filing standards. Our country is more humane in handling the filing standards for theft crimes. Zhejiang, Jiangsu, according to The standard for filing a case is 1,000 yuan, 2,000 yuan in Shanghai, and 800 yuan for pickpocketing)