A person acts for commercial gain depending on “the time and resources he dedicates to the criminal actions, the frequency of the acts within a given period of time, his anticipated or actual income and whether he committed the illegal activity as his profession, however incidental; the offender must have aimed to receive a relatively regular income, which represents a significant contribution to the financing of his way of life and has consequently become involved in crime to some extent. The offender must hope to gain a relatively regular income, which allows him to make significant contributions to the financing of his lifestyle and personal needs” (cf. BGE 129 Para. 4 253 – in French).
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