A man entered a restaurant intending to pay for his meal. However, he did not like the way the waiter spoke to him and, after ordering, he made the decision not to pay for his food. He ate three delicious courses and then left the restaurant when no one was looking. A week later, feeling guilty about his behaviour, he returned to the restaurant and paid for the meal.Can the prosecution charge him with committing fraud by false representation?
选项：

A:He committed the offence by making an express false representation.
B:He committed offence by making an implied representation.
C:He did not commit the offence as he still paid for the meal.
D:He did not commit the offence because he intended to pay when he ordered his meal.
E:He did commit the offence because his intended gain was food, not money.