I work in GameStation in the UK and we get a lot of those sent to us from the factory. Often if there is some kind of recall, something added to the manual, an advert slip added etc. they'll shrink wrap it in the factory to save on costs. Plus some factory's only shrink wrap as opposed to sealing.
Also take into account that the factory seal is incredibly easy to tear, break and snag. If that happened they'd shrink wrap it.
What I'd do is go into the store (phone ahead first) and open it in front of a clerk. If the disc is perfect and dust free, then it was new. If there's any finger prints or hazyness (caused by moisture) then it'll probably have been opened.
You might even have an ex-display box which is totally legal to sell, you must understand that in many stores it's impossible to use only display boxes for the front of store.
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