If my iphone 5 is not blacklisted and warranty left ..... apple store replace new one?

if my iphone 5 is not blacklisted and warranty left ..... apple store replace new one?
either my iphone 5 was icloud activation locked....

No. apple will not facilitate your ability to use a stolen phone.
If it is locked with YOUR Apple ID and you can't remember the ID or password, start at https://iforgot.apple.com. If you can't reset it there, call AppleCare and speak to someone in Account Security. Be prepared to prove your identity.
If it's locked with someone else's ID, they must release the lock.

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