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Question
J and K conspire to exploit a vulnerability in a private online banking system to gain unauthorized access and siphon funds to J’s account. J drafts a malware script that would automate credential harvesting and sends a copy to K, who plans to deploy it at a prearranged time. Before deployment, a routine security patch is applied and no access or funds transfer occurs. Under RA 10175, Sec. 6, answer: (a) Identify the controlling doctrine on conspiracy and attempt in cybercrime and classify J’s and K’s liability. (b) Distinguish between conspiracy and attempted cybercrime as applied to this fact pattern, focusing on the existence of an agreement and the overt act. (c) If only J drafted the malware but did not transmit or assist in deployment, is J liable? Explain.