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This will depend if the 'Find My iPhone App' is enabled on your phone. Here are the steps you need to take to either locate your phone or shut it down remotely -
If you bought a stolen iPhone, you should bring it to the police. Maybe the device was reported stolen. If the police sees the IMEI code in their computer, they can contact the owner of the iPhone. If you payed for the phone, and you didn't know that it was stolen you didn't do anything wrong, but it is not your phone.
Maybe you don't like this answer, but it's the most fair thing to do.
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