And a false representation to become the basis of false pretense must be of such nature as tends to deceive the person to whom made, for if he could not be deceived thereby, or if he knew at the time that the statements were false, there is no offense.145 And the representations must have been relied upon by the person to whom made, as being true and induced him to part with his money or property.146

If one relies upon his own judgment or other information instead of the false representations there is no offense.147