An intent to cheat and defraud in obtaining the property of another is the gist of the offense.135 If the intent to defraud is wanting there is no offense. Thus, if one by false representations obtains the money or property of another intending merely to collect or secure a claim due him, there is no basis for a criminal prosecution.136 But an intention to repay the money at some future time, and one's ability to repay, cannot be urged as a defense.137 But an intent to defraud generally is sufficient without reference to any particular person.138 Ordinarily the criminal intent may be inferred from the act.139 But such intent cannot be presumed as a matter of law from the making of false statements. Intent must be established by proof.140 And the person making the false statements must know the same to be false, otherwise there is no offense.141 It has been held that where a majority of the county commissioners stand indicted for obtaining money from the county by false pretenses, the knowledge of these commissioners cannot be said to be the knowledge of the county on the question that the party who parts with and delivers his property, does so believing the false representations to be true.142