If someone sells an iPhone on eBay, but they don't send it. Will they have to pay the money back?

If someone sells an iPhone on eBay, but they don't send it. Will they have to pay the money back?

Added (1). Say there was never an iPhone and they was scamming people.]
Will they get in trouble with the police?
If they took the money out their account, would they personally have to pay the money back?
What would happen to the scammer?

You have to go thru Ebay to get the money back. Just open a claim thru Ebay and they handle the rest and get your money back