Haha I've been playing on a torrented Mario Kart 7 cia for the past several years BUT I had purchased a cartridge when it first came out sometime 8 or 9 years ago. So if they did "investigate" me they could have seen that on my Nintendo Network ID I had played the cartridge version before (assuming they collect that much data.) Never plugged the cart into my hacked 3DS though. I think the general rule is to play only on unmodified games that are within the region of your system and to not cheat or use hacks online.
No
Buy the game then.