To be precise, the definition of the software-robot, or as it was called during the hearing by the defendant and others, "configuration" is not a purely technical matter, as the defendant tried to present. It includes substantive actions that are at the core of trading. In his statement to the RNA investigator, the defendant explained that the robot's definitionsinclude a number of parameters: a) the lot definitions (lot size of the transaction); b) the definition of the financial instrument in which the client wishes to trade; c) Defining the direction of trading, the "distance" of the transactions (the defendant explains that the index is "pips" and that the greater the distance, the greater the profit of the transaction, but the slower the activity); d) Profit target; e) A loss protection mechanism, which is a loss target: when the robot reaches the target, it closes all open transactions (P/4, p. 169, paras. 9-12; p. 170, paras. 20 onwards to p. 172). Elsewhere, the defendant clarified that the kinfog actually refers to the risk inherent in the transaction (P/167, p. 16, paras. 23; p. 17, paras. 5-7; and see also P/156, p. 4 Conversation with a witness who is not a client; P/154 (it was erroneously stated that the speaker was an "investigator" while it appears that the speaker was the defendant); P/114, transcription P/15; P/107, p. 169, P/107, p. 276).
Furthermore, the programming of the robot is not limited to defining the characteristics as its proper operation requires adjustment, tracking, and optimization actions according to the market situation. The defendant explains as follows -
"Since I can't predict the state of the market, I can only know what the market is like right now, what I see in front of my eyes according to the graphs. So what I can do, I can change the configuration of the robot according to the current market situation. If the current market situation is calm, I can slightly increase the size of the transaction and slightly increase the risk of the robot to give us money... If the market is turbulent then I reduce the risk of the robot... To protect your account... [...] I do it regularly, I do it once a day, I usually do it in the morning and sometimes I don't have to touch... I don't always do something, sometimes I just check that everything is fine..." (P/150, p. 21).