What old version of iOS? How can you tell? And also, its not an old phone because the battery and reverse camera have both been upgraded here. This is probably the iPhone 4S and not the iPhone 5
iOS 5 does not require iTunes syncing to activate it, so the screen showing a dock connector cable pointing to the iTunes logo doesn't exist anymore. If this were a new iPhone 4S or iPhone 5 direct from the factory, it wouldn't have iOS 4 installed.