A South Korean court has upheld a government investigation finding that the Nissan Qashqai used a defeat device to pass its oxides of nitrogen (NOx) tests.
Earlier this week, the Seoul Administrative Court ruled against Nissan in a case brought by the car maker against the South Korean government.
The South Korean government began real world emissions tests of 20 vehicles in the wake of the Volkswagen Dieselgate scandal. Last year, the investigation concluded that Nissan's UK-built Qashqai SUV with a 1.6-litre turbo-diesel cheated its way past laboratory emissions testing.
The government investigation found that the Qashqai's exhaust reduction system switched off at 35 degrees Celsius, a temperature limit that would see the system out of operation during regular driving and allow the car to emit more NOx gases than is permitted.
According Autocar, a South Korean government spokesperson said that other vehicles turned their systems off at about 50 degrees.
Nissan was fined 330 million won ($380,000), forced to recall all 814 affected vehicles, and told to suspend local sales of the Qashqai.
As cited by Reuters, the court's ruling said that "it is reasonable to believe that the vehicle in this case achieved certification with false and other illegal means".
A Nissan spokeswoman told the news wire: "There is no change in our stance that we have not used any illegal devices in our vehicles. We will consider possible measures."