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ok,here is the final story"
I don't know why,but ebay sent me a declaration form to fill out,stating that under penalty,to the best of my knowlege that I never got the phone.Signed the declaratin ,faxed back to ebay,ebay gave me the money after 2 business days.

I think ebay gave me this opportunity is because they sent me a link to leave ebay feedback for their customer service,I complained I never received the phone. strongly disagree with the customer service,ebay may notice my feedback and sent me a declaration form to fill out.
anyway.I don't know if it is the scammer got to keep the phone,I got paid ,ebay lost money or what ,I really don't know what actually happened.

They probably ate the loss. Is the buyer still registered?
If he has done this before and was reported by other sellers, this could be a reason you got your money back.

Make sure to report him for the violation, if you have done so. It goes under Misuse of Buyer protection.