The short answer is yes, you could probably be in a position to pay the $10k fine if you really wanted to sell. I highly doubt you would go to jail for the one infraction, that is even if you got caught.
If you start a ring of deals where you recruit a bunch of buyers to pose as owner occupants only to flip and pay $10k fines about a hundred times, then I think you might risk jail time.
So, to answer your question, yeah, you could probably buy it with the "intention" of occupying it, but then shyt happens, right? Your job moves. Who is anyone on BP or a neighbor to criticize you for selling or renting your home because of "extenuating" cicumstances that make it problematic for you to generate cash flow? If you get caught renting or selling too early, then just own up and pay the $10,000. Just have a good story about how you couldn't keep it.
For those on forum worried about getting bid up, this isn't really a scalable strategy. You will run into an issue doing more than one every two years, since they actually do check that you didn't buy one from them recently.
When it's all said and done, just hold it for a year and then sell it. You will get a tax free gain anyway if you keep it for two years.