Multi-level marketing means a plan or an organization that promotes, distributes or sell certain products or services through its members. All members of a multi-level marketing plan or organization are required to disburse a certain amount of money in exchange of the right to promote or sell goods or services as well as the right to solicit other persons for joining the aforesaid plan or organization and thereby receive commission, awards or economic benefits. (See Paragraph 1, Article 8, previous version of Fair Trade Act; also see Paragraph 1, Article 8, Fair Trade Act amended on February 6, 2012) A multi-level marketing plan or organization shall be condemnable if its members obtain commissions, awards or economic benefits only when they have successfully recruited other members to join the aforesaid plan or organization without marketing or selling products or services at reasonable market prices. It is so construed because a profit-sharing plan or organization designed to increase cash flow simply by recruiting new participants will definitely motivate its members and inspire them to recruit new members and eventually causes the number of members to increase exponentially. In the long-run, those who join the plan or organization at a later stage will suffer financially when they are unable to find sufficient number of heads to join the plan or organization. On the other hand, the founders or promoters of the plan or organization are free from risks and profit greatly from the plan or organization. Eventually, all such founders or promoters distort market mechanism and impair economic stability. With the opinions stated above, Article 23, Paragraph 1, of the previously effective Fair Trade Act prescribed, “No multi-level plan shall be permitted if the members thereof receive commissions, awards or other economic benefits primarily from soliciting other people to join it, instead of from marketing or selling goods or services at reasonable market prices.” Moreover, Article 35 of same statue treats it as a criminal offense and states that those who violate the foregoing Article 23, Paragraph 1, are subject to imprisonment not exceeding three years, detection, and/or a penalty not exceeding one million New Taiwan Dollars. It is clear that Article 35 was appropriately enacted in terms of maintaining the order of trade, enhancing market mechanisms, as well as protecting economic stability and prosperity. Understanding the infringement on the benefits of members, order of transactions, as well as economic stability and prosperity resulted from the organizers, promoters, and/or coordinators of the condemnable multi-level marketing plans or organizations, the legislature imposes criminal punishments on them and meanwhile include the levels and scopes of infringed legal interests into consideration, and at the same time determines the means and measures of criminal punishments to confine either personal freedom or private property rights. Apparently, the criminal punishment prescribed therein is not in contradiction to the principle of clarity and definiteness as well as the principle of punishment fitting crimes under nulla poena sine lege, and does not exceed the scope of necessity mandated by Article 23 of the Constitutional law, and is not in contravention to the rights of personal freedom and property stated in Articles 8 and 15 of the Constitutional law.