We are not charged with gaining an advantage we are charged with observing our opponents first team within 72 hours of the game. Advantage/no advantage is irrelevant. It’s like being done for supplying drugs - most people use the “but I didn’t charge anything for them just passed them on to my mate” defence. What they have just done is admitted to the charge - there is no mention of payment or in fact material gain. Just supplying.
by saying no advantage had been gained in effect provides admission to the charge of Observing.